HB2659: Writ on judgment; sheriff to post copy thereof to recover specific property on party' door.
Be it enacted by the General Assembly of Virginia:
1. That § 8.01-470 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-470. Writs on judgments for specific property.
On a judgment for the recovery of specific property, real or
personal, a writ of possession may issue for the specific property, which shall
conform to the judgment as to the description of the property and the estate,
title and interest recovered, and there may also be issued a writ of fieri
facias for the damages or profits and costs. In cases of unlawful entry and
detainer and of ejectment, the officer to whom a writ of possession has been
delivered to be executed shall, at least 72 hours before execution, serve
notice of intent to execute, including the date and time of execution, as well
as the rights afforded to tenants in §§ 55-237.1 and 55-248.38:2, together
with a copy of the writ attached, on the defendant in accordance
with § 8.01-296, with a copy of the writ attached person
or, if the party to be served is not found at the specific property for which a
writ of possession has been issued, then service shall be effected by posting a
copy of such process at the front door or at such
other door as appears to be the main entrance of such property.
The execution of the writ of possession by the sheriff should occur within 15
calendar days from the date the writ of possession is received by the sheriff,
or as soon as practicable thereafter, but in no event later than 30 days from
the date the writ of possession is issued. In cases of unlawful entry and
detainer and of ejectment, whenever the officer to whom a writ of possession
has been delivered to be executed finds the premises locked, he may, after declaring
at 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 the
plaintiff in possession. The execution of the writ of possession shall be
effective against the tenants named in the writ of possession and their
authorized occupants, guests or invitees, and any trespassers in the premises.
And an officer having a writ of possession for specific personal property, if
he finds locked or fastened the building or place wherein he has reasonable
cause to believe the property specified in the writ is located, may in the
daytime, after notice to the defendant, his agent or bailee, break and enter
such building or place for the purpose of executing such writ.