Virginia § 8.01-130.8 - Review of decision to issue ex parte order or process; claim of exemption

Full text of Virginia Code of Virginia § 8.01-130.8 — Review of decision to issue ex parte order or process; claim of exemption, with citation guidance and answers to common questions.

§ 8.01-130.8. Review of decision to issue ex parte order or process; claim of exemption

Promptly after levy on the property or promptly after possession of the property is taken by the officer pursuant to an ex parte order, or after denial of an application to issue such order by a magistrate, upon application of either party, and after reasonable notice, a judge of the general district court having jurisdiction shall conduct a hearing to review the decision to issue the ex parte order or process. In the event that the judge finds that the order or process should not have been issued, the court may dismiss the distraint or award actual damages and reasonable attorney fees to the person whose property was taken, or both. The provisions of § 8.01-546.2 shall govern claims for exemption.

1974, c. 458, § 55-232.2; 1980, c. 555; 1986, c. 341; 2019, c. 712.

Source: official Virginia text · Last verified 2026-08-27

Frequently Asked Questions About Virginia § 8.01-130.8

What does Code of Virginia § 8.01-130.8 cover?

Section 8.01-130.8 ("Review of decision to issue ex parte order or process; claim of exemption") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Virginia § 8.01-130.8?

A common citation format is "Code of Virginia § 8.01-130.8" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Virginia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.

How does Virginia § 8.01-130.8 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.