Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 3. Actions » Article 12. Detinue
Virginia Code

Va. Code Ann. § 8.01-114 (2026)

When property to be taken by officer; summary of evidence, affidavits and report to be filed

✓ current as of May 2026
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A. A proceeding in detinue to recover personal property unlawfully withheld from the plaintiff may be brought on a warrant or motion for judgment if pretrial seizure is not sought at the time of filing.

A petition in detinue for pretrial seizure pursuant to this article may be filed either to commence the detinue proceeding or may be filed during the pendency of a detinue proceeding which commenced on a warrant or motion for judgment. If a petition is filed, it shall:

1. Describe the kind, quantity and estimated fair market value of the specific personal property as to which plaintiff seeks possession;

2. Describe the basis of the plaintiff's claim of entitlement to recover the property, with such certainty as will give the adverse party reasonable notice of the true nature of the claim and the particulars thereof and, if based on a contract to secure the payment of money, the amount due on such contract; and

3. Allege one or more of the grounds mentioned in § 8.01-534 and set forth specific facts in support of such allegation. Further, if a petition is filed, a judge, or a magistrate appointed pursuant to Article 3 (§ 19.2-33 et seq.) of Chapter 3 of Title 19.2, may issue an order or other process directed to the sheriff or other proper officer, as the case may be, commanding him to seize the property for the recovery of which such action or warrant is brought, or a specified portion thereof, and deliver same to the plaintiff pendente lite under the circumstances hereinafter set forth.

B. The judge or the magistrate may issue such an order or other process in accordance with the prayer of the petition after an ex parte review of the petition only upon a determination that: (i) the petition conforms with subsection A and (ii) there is reasonable cause to believe that the grounds for detinue seizure described in the petition exist. The plaintiff praying for an order shall, at the time that he files his petition, pay the proper costs, fees and taxes, and in the event of his failure to do so, the order shall not be issued.

C. The judge or magistrate, as the case may be, may receive evidence only in the form of a sworn petition which shall be filed with the papers in the cause.

D. The order commanding the seizure of property shall be issued and served together with the form for requesting a hearing on a claim of exemption from seizure as provided in § 8.01-546.1. The order shall be issued and returned as provided in § 8.01-541 and may be issued or executed on any day, including a Saturday, Sunday or other legal holiday. Service shall be in accordance with the methods described in § 8.01-487.1. The provisions of § 8.01-546.2 shall govern claims for exemption.

Code 1950, § 8-586; 1973, c. 408; 1974, c. 122; 1977, c. 617; 1978, c. 403; 1986, c. 341; 1993, c. 841.

Notes of Decisions
Cited in 11 cases (5 in the last 5 years), 1986–2025 · leading case: Williams v. Matthews, 448 S.E.2d 625 (Va. 1994).
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Williams v. Matthews, 448 S.E.2d 625 (Va. 1994). · cites it 10× “Code § 8.01-114 governs proceedings in detinue to recover personal property unlawfully withheld from a plaintiff and requires a petition to be filed for pretrial seizure.”
SecureInfo Corp. v. Telos Corp., 387 F. Supp. 2d 593 (E.D. Va. 2005). · cites it 2× “517 ); Va.Code Ann. § 8.01-114 (“A proceeding in detinue to recover personal property unlawfully withheld from the plaintiff may be brought on a warrant or motion for judgment.”
Eung Hee Lee v. Moon Sik Park, 73 Va. Cir. 219 (Fairfax Cir. Ct. 2007). “Code, Article 12, § 8.01-114 et seq. By order of October 13, 2006, the Honorable Stanley P.”
U.S. Bank Nat'l Assocation v. 3D Facility Servs., Inc. (E.D. Va. 2021). · cites it 7× “Plaintiff seeks an order of detinue against 3D Facility Services under Virginia Code section 8.01-114 (Count IID). Plaintiff also asks for $14,428.”
J. I. Case Co. v. United Virginia Bank, 349 S.E.2d 120 (Va. 1986). · cites it 2× “See Code § 8.01-114(A). In responsive pleadings, the Bank denied Case had a valid security interest in the equipment.”
The Est. of Joseph Williams & Gary Williams v. Glenn Leo Williams (Va. Ct. App. 2024). · cites it 4× “” Code § 8.01-114. In 1842, our Supreme Court explained that actions for detinue had fallen out of use in England and had “seldom been resorted to in modern times.”
Amazon.Com, Inc. v. WDC Holdings LLC (E.D. Va. 2020). · cites it 3× “° The transcript shows Ramstetter saying to Watson: “we all know what we did,” so Ramstetter, Watson, and Casey needed to “work The Parties’ briefs do not specifically address all claims at bar: (1) Leased Transaction Enterprise in Violation of RICO; (II) Direct Purchase…”
1st Source Bank v. Bluestone Resources, Inc. (W.D. Va. 2024). · cites it 3× “§§ 8.01-114 et seq. (Id.) Lastly, 1st Source requests any further relief this court deems just and proper.”
U.S. Bank Nat'l Ass'n v. Jennelle's Constr., Paving & Sealing, Inc. (W.D. Va. 2024). · cites it 3× “See Va. Code Ann. § 8.01-114 . IV. Remedies Having established liability, the Court must now determine the relief to which U.”
John Vogel v. RMAC Trust Series 2016-CTT (E.D. Va. 2025). · cites it 3× “these items are priceless”), as the value of the property is assessed for a claim of detinue based on the fair market value, not sentimental value, see Va. Code § 8.01-114(A)(1) (requiring that to state a claim for detinue a plaintiff must “describe the kind, quantity, and…”
Singleton v. Suplizio, 74 Va. Cir. 177 (Prince William Cir. Ct. 2007). · cites it 2× “See Va. Code Ann. § 8.01-114 (2007) (“A proceeding in Detinue to recover personal property unlawfully withheld from the plaintiff may be brought on a warrant.”
Va. Code Ann. § 8.01-114(A): 3 cases
J. I. Case Co. v. United Virginia Bank, 349 S.E.2d 120 (Va. 1986). “See Code § 8.01-114(A). In responsive pleadings, the Bank denied Case had a valid security interest in the equipment.”
U.S. Bank Nat'l Assocation v. 3D Facility Servs., Inc. (E.D. Va. 2021). “Plaintiff seeks an order of detinue against 3D Facility Services under Virginia Code section 8.01-114 (Count IID). Plaintiff also asks for $14,428.”
U.S. Bank Nat'l Ass'n v. Jennelle's Constr., Paving & Sealing, Inc. (W.D. Va. 2024). “See Va. Code Ann. § 8.01-114 . IV. Remedies Having established liability, the Court must now determine the relief to which U.”
Va. Code Ann. § 8.01-114(A)(1): 1 case
John Vogel v. RMAC Trust Series 2016-CTT (E.D. Va. 2025). “these items are priceless”), as the value of the property is assessed for a claim of detinue based on the fair market value, not sentimental value, see Va. Code § 8.01-114(A)(1) (requiring that to state a claim for detinue a plaintiff must “describe the kind, quantity, and…”
Va. Code Ann. § 8.01-114(A)(3): 1 case
Williams v. Matthews, 448 S.E.2d 625 (Va. 1994). “Code § 8.01-114 governs proceedings in detinue to recover personal property unlawfully withheld from a plaintiff and requires a petition to be filed for pretrial seizure.”
Va. Code Ann. § 8.01-114(B): 1 case
Williams v. Matthews, 448 S.E.2d 625 (Va. 1994). “Code § 8.01-114 governs proceedings in detinue to recover personal property unlawfully withheld from a plaintiff and requires a petition to be filed for pretrial seizure.”
Va. Code Ann. § 8.01-114(C): 1 case
Williams v. Matthews, 448 S.E.2d 625 (Va. 1994). “Code § 8.01-114 governs proceedings in detinue to recover personal property unlawfully withheld from a plaintiff and requires a petition to be filed for pretrial seizure.”
Va. Code Ann. § 8.01-114(D): 1 case
Williams v. Matthews, 448 S.E.2d 625 (Va. 1994). “Code § 8.01-114 governs proceedings in detinue to recover personal property unlawfully withheld from a plaintiff and requires a petition to be filed for pretrial seizure.”
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