- Who sends it
- The court clerk issues it at the new owner's request (Form DC-469), and the sheriff serves the notice in person or by posting it on your main door
- What it starts
- At least 72 hours before the sheriff carries it out
- Do this first
- Write down the eviction date and time, move important papers and valuables now, and call legal aid at 866-534-5243
What this document is in Virginia
After a judgment for possession in an unlawful detainer case, the owner can ask the clerk for a writ of eviction on Form DC-469, "Request for Writ of Eviction in Unlawful Detainer Proceedings." The writ orders any authorized officer to give the owner possession (Va. Code § 8.01-470).
Before carrying it out, the sheriff must serve you a notice of intent to execute at least 72 hours ahead. It must give the date and time, include the rights in Va. Code §§ 55.1-1255 and 55.1-1416, and attach a copy of the writ. It is handed to you or, if you are not found, posted on the front or main door.
What it does and does not mean
- This is the last step. On the eviction date, the sheriff can put the owner in possession and may use reasonable force to enter if the home is locked (Va. Code § 8.01-470).
- When an immediate writ is ordered, the sheriff still cannot evict you before your 10-day appeal period ends, and if you perfect an appeal the sheriff must return the writ to the clerk (Va. Code § 8.01-129(B)).
- Form DC-469 says that if you appeal and pay the bond, writ tax and costs after the sheriff served the notice, you must tell the sheriff about your appeal.
- Under Va. Code § 55.1-1255, belongings removed in an eviction are placed in the public way, or in a storage area the owner names, and there is a 24-hour period after the eviction to take them.
The deadlines it starts and how to count them
- Count 72 hours from the time the notice was served or posted to the date and time it names.
- The writ must be issued within 180 days of the judgment for possession, and an order of possession stays valid for 180 days (Va. Code §§ 8.01-470, 8.01-471).
- The sheriff should carry out the writ within 15 calendar days of receiving it, and no later than 30 days after it was issued. A writ not carried out within 30 days of issue is vacated by law, though the owner can ask for another during the 180 days.
- After the eviction, you have 24 hours to remove belongings from the public way (Va. Code § 55.1-1255).
What to do today
- Read the eviction date and time on the sheriff's notice and plan to be out before then.
- Move IDs, medicine, legal papers, photos and valuables first.
- If your appeal is filed and the bond or writ tax is paid, tell the sheriff right away and keep proof.
- Ask the new owner in writing for a short extension or help with moving costs. Get any agreement in writing.
- Call legal aid at 866-534-5243 (866-LEGLAID).
- Send the trustee your new mailing address and ask about any surplus. See Virginia foreclosure surplus funds. If you owed more than the sale price, read Virginia deficiency rules.
Free help in Virginia
Virginia Law Help connects you with free legal aid online or at 866-LEGLAID. The Virginia Judicial System Court Self-Help site links to eviction guides and court forms. The Virginia foreclosure help page lists more.
The rest of the Virginia process
See how foreclosure works in Virginia, the timeline, ways to stop it and free help in Virginia, or read the national guide to this letter.
Common questions
How much notice does a Virginia sheriff give before an eviction?
At least 72 hours. The notice must state the date and time and include a copy of the writ, and it is served in person or posted on the main door if you are not found (Va. Code § 8.01-470).
Can a Virginia writ of eviction expire?
Yes. A writ not carried out within 30 days of being issued is vacated by law (Va. Code § 8.01-471). The owner can ask for another writ while the 180-day order of possession is still valid (Va. Code § 8.01-470).
What happens to my things after a Virginia eviction?
Under Va. Code § 55.1-1255, the sheriff oversees moving belongings to the public way, or to a storage area the owner chooses, and you have 24 hours after the eviction to remove them. After that the owner may dispose of what is left.
Other Virginia letters
- Appointment of Substitute TrusteeA Virginia Appointment of Substitute Trustee names the person or law firm the lender has picked to run a trustee's sale of your home. It does not set a sale date by itself. But a new trustee is often named shortly before a sale, so treat it as a warning to get help now.
- Subordinate Mortgage Affidavit and 60-Day NoticeSince 2024, some holders of a Virginia second mortgage must send you a sworn affidavit about monthly statements and a notice before they can ask a trustee to sell. They cannot charge interest or fees for months when required statements were not sent. You have 60 days from mailing before a sale can be requested, and you can ask a court for an accounting.
- Notice of Trustee's Sale (written notice of proposed sale)In Virginia, this is the main foreclosure notice. For a home you live in, it must be mailed at least 60 days before the auction, show what you owe in arrears and point you to free counselors and legal aid. It also says in plain words that it is not a notice to vacate.
- Written Termination Notice (three-day notice after foreclosure)If you are still living in your single-family home on the day of the Virginia foreclosure sale, you become a tenant at sufferance. The new owner can end that with a written termination notice given at least 3 days ahead, and then file an eviction case. The notice itself does not let anyone remove you.
- Summons for Unlawful Detainer (Civil Claim for Eviction), Form DC-421A Summons for Unlawful Detainer means the new owner has filed an eviction case in general district court. It gives a return date. If you do not come to court, the judge can enter a judgment and a writ of eviction can be issued right away. Go to court, and call legal aid now.
Sources
- Va. Code § 8.01-470 (writs of eviction; 72-hour notice)
- Va. Code § 8.01-471 (time for issuing and executing writs of eviction)
- Va. Code § 8.01-129 (appeal; immediate writ; no eviction before appeal period ends)
- Va. Code § 55.1-1255 (personal property removed in eviction)
- Virginia courts: Form DC-469, Request for Writ of Eviction and Writ of Eviction
- Virginia Law Help: Housing (866-LEGLAID)