2006 Code of Virginia § 8.01-470 - Writs on judgments for specific property

8.01-470. Writs on judgments for specific property.

On a judgment for the recovery of specific property, real or personal, a writof possession may issue for the specific property, which shall conform to thejudgment as to the description of the property and the estate, title andinterest recovered, and there may also be issued a writ of fieri facias forthe damages or profits and costs. In cases of unlawful entry and detainer andof ejectment, the officer to whom a writ of possession has been delivered tobe executed shall, at least 72 hours before execution, serve notice of intentto execute, including the date and time of execution, as well as the rightsafforded to tenants in 55-237.1 and 55-248.38:2, on the defendant inaccordance with 8.01-296, with a copy of the writ attached. The executionof the writ of possession by the sheriff should occur within 15 calendar daysfrom the date the writ of possession is received by the sheriff, or as soonas practicable thereafter, but in no event later than 30 days from the datethe writ of possession is issued. In cases of unlawful entry and detainer andof ejectment, whenever the officer to whom a writ of possession has beendelivered to be executed finds the premises locked, he may, after declaringat the door the cause of his coming and demanding to have the door opened,employ reasonable and necessary force to break and enter the door and put theplaintiff in possession. The execution of the writ of possession shall beeffective against the tenants named in the writ of possession and theirauthorized occupants, guests or invitees, and any trespassers in thepremises. And an officer having a writ of possession for specific personalproperty, if he finds locked or fastened the building or place wherein he hasreasonable cause to believe the property specified in the writ is located,may in the daytime, after notice to the defendant, his agent or bailee, breakand enter such building or place for the purpose of executing such writ.

(Code 1950, 8-402; 1977, c. 617; 1991, c. 503; 2000, c. 640; 2001, c. 222;2003, c. 259.)