55-232.2 - Review of decision to issue ex parte order or process; claim of exemption. - Virginia Statutes

§ 55-232.2. Review of decision to issue ex parte order or process; claim ofexemption.

Promptly after levy on the property or promptly after possession of theproperty is taken by the officer pursuant to an ex parte order, or afterdenial of an application to issue such order by a magistrate, uponapplication of either party, and after reasonable notice, a judge of thegeneral district court having jurisdiction shall conduct a hearing to reviewthe decision to issue the ex parte order or process. In the event the judgefinds that the order or process should not have been issued, the court maydismiss the distraint or award actual damages and reasonable attorney's feesto the person whose property was taken, or both. The provisions of §8.01-546.2 shall govern claims for exemption.

(1974, c. 458; 1980, c. 555; 1986, c. 341.)