Cal. Civ. Code § 8.01-129
Appeal from judgment of general district court.
Operative Text
A. An appeal shall lie from the judgment of a general district court, in any proceeding under this article, to the circuit court in the same manner and with like effect and upon like security as appeals taken under the provisions of § 16.1-106 et seq. except as specifically provided in this section. The appeal shall be taken within 10 days and the security approved by the court from which the appeal is taken. Notwithstanding the provisions of § 16.1-106 et seq., the bond shall be posted and the writ tax paid within 10 days of the date of the judgment. B. In any unlawful detainer case filed under § 8.01-126 , if a judge grants the plaintiff a judgment for possession of the premises, upon request of the plaintiff, the judge shall further order that the writ of eviction issue immediately upon entry of judgment for possession. In such case, the clerk shall deliver the writ of eviction to the sheriff, who shall then, at least 72 hours prior to execution of such writ, serve notice of intent to execute the writ, including the date and time of eviction, as provided in § 8.01-470 . In no case, however, shall the sheriff evict the defendant from the dwelling unit prior to the expiration of the defendant's 10-day appeal period. If the defendant perfects an appeal, the sheriff shall return the writ to the clerk who issued it. In accordance with the provisions of § 16.1-107 , when the appeal is taken by the defendant, he shall give bond, in an amount and with sufficient surety approved by the judge or his clerk, or in an amount sufficient to satisfy the judgment of the court in which it was rendered, including an award of attorney fees, if any. No indigent defendant shall be required to post an appeal bond. Trial by jury shall be had upon application of any party. For the purposes of this subsection, "indigent" means that the defendant has been determined to be eligible for services and processes without fees or costs pursuant to § 19.2-159 . Code 1950, § 8-794; 1950, p. 68; 1977, c. 617; 1984, c. 565; 1998, c. 750 ; 2004, c. 343 ; 2008, c. 489 ; 2017, c. 481 ; 2018, c. 145 ; 2019, cc. 180 , 700 ; 2026, c. 579 .
Va. Code § 8.01-129 establishes the process for appealing a general district court judgment in eviction-related proceedings to the circuit court. An appeal must be filed within 10 days of the judgment, and any required bond and writ tax must also be paid within that same 10-day window. If a landlord wins a possession judgment and requests an immediate writ of eviction, the sheriff must still give the tenant at least 72 hours' notice before executing the writ and cannot carry out the eviction before the tenant's 10-day appeal period expires. Tenants who qualify as indigent under § 19.2-159 are not required to post an appeal bond.
Plain English — not legal advice.
Under Va. Code § 8.01-129, a landlord who obtains a judgment for possession in an unlawful detainer case may request that the court order the writ of eviction to issue immediately upon entry of that judgment. Even so, the sheriff is required to provide the tenant at least 72 hours' advance notice before executing the writ, and the eviction cannot proceed until the tenant's 10-day appeal window has closed. Operators familiar with this provision generally track the 10-day period carefully and coordinate with the clerk's office to ensure the writ is properly delivered to the sheriff.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Va. Code § 8.01-129 gives tenants the right to appeal a general district court eviction judgment to the circuit court, provided the appeal is filed and any required bond and writ tax are paid within 10 days of the judgment. Tenants who have been found eligible for services without fees or costs under § 19.2-159 are classified as "indigent" under this provision and cannot be required to post an appeal bond. Tenants facing eviction may wish to contact a local tenant-rights organization or legal aid office to understand the appeal process, the bond requirements, and the 72-hour notice protections that apply before a writ of eviction can be executed.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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