Civil Process FAQ

Courts Civil Process is tasked with executing warrants, evictions, repossessions, levies, and sheriff sales. Responsible for the serving of court papers issued from all Virginia State courts and those processes issued from other states, being served in Isle of Wight County. Civil papers are normally delivered during court hours Monday thru Friday.
   

 

Writ of Possession in Unlawful Detainer (also know as a eviction)

( 8.01-470 & 472 ) The Writ of Possession in Unlawful Detainer is a court order authorizing the Sheriff to physically remove a person and his belongings from the premises and to return possession to the landlord. Usually the court will not issue the Writ of Possession until the appeal period has lapsed. The appeal period is ten (10) days except when the landlord has asked for immediate possession at the hearing, the ten (10) day appeal period is waived. ( 8.01-129) There are certain qualifications which  must be met in order to obtain a waiver of the appeal period and it is strongly suggested the tenant consult an attorney. Do not confuse the waiver of the appeal to mean waiver of the 72 hour notice which will be covered later.

Where can I find General District Court Civil Forms?

The Virginia’s Judicial System provides many of the required civil court forms online. Click Here to see a full list of available forms.

Fees for Civil Process

Information on Sheriff sales

Advertising of Sheriff sales are posted in the lobby of Courthouse, local businesses, and at the location of sale. Sheriff sales are also advertised on the Sheriff’s Office Web site.

Who may Bid: Anyone may bid at sheriff's sales, except employees and relatives of employees of any constitutional officer in the Commonwealth of Virginia.

Bidding procedures: The terms of sale vary from sale to sale. Therefore, it is important the bidder listens carefully when the terms of sale are announced.

The following are consistent terms:

If moving arrangements need to be made, the bidder should give this some thought before bidding. Any person who bids on property but fails to pay at the conclusion of the sale is liable for any difference if the property resells for a lower amount at another auction.

All bids must be reasonable and the deputy reserves the right to refuse a bid which is considered unreasonable.

 If I need legal advice with a civil matter, where can I find a lawyer?

The Virginia State Bar offers a Lawyer Referral Service, through which you may consult an attorney for a limited time at a reduced fee. The toll-free telephone number is 1–800–552–7977. Contact information for legal aid programs in Virginia providing free or low–cost legal assistance in civil matters to low-income households.