16.1-120 - Summons in such case. - Virginia Statutes

§ 16.1-120. Summons in such case.

If the party making such application shall make and file an affidavit that tothe best of his belief such property, money or other personal estate soclaimed by such third party is not of greater value than the maximumjurisdictional limits of the court as provided by § 16.1-77 (1), the judge orclerk of the court shall issue a summons directed to the sheriff of hiscounty or city, as the case may be, requiring him to summon both the creditorand the debtor to appear and show cause why such property, money or otherpersonal estate, or any part thereof, should not be discharged from levy orlien of such execution or distress warrant. A copy of such summons shall beserved upon the claimant of the property, money or other personal estate,unless the summons is sued out at his instance. The summons shall be madereturnable not less than five days after date of its issuance, and if anearlier day shall have been fixed for the sale of the property, or for thereturn of any process subjecting such money or other personal estate to afinal disposition, the judge shall make and endorse on the summons an orderrequiring the postponement of the sale, or the hearing to be had on suchprocess, until after the return day of the summons.

(1956, c. 555; 1978, c. 42; 1983, c. 616.)