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2007 SESSION
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.