Code of Virginia - Title 8.01 Civil Remedies And Procedure - Chapter 18 Executions And Other Means Of Recovery

  • 8.01-466 Clerk to issue fieri facias on judgment for money
    On a judgment for money, it shall be the duty of the clerk of the court in which such judgment was rendered, upon request of ...
  • 8.01-467 What writs may not issue
    No writ of levari facias, writ of extendi facias, writ of elegit, writ of capias ad satisfaciendum, or writ of distringas shall be issued hereafter. ...
  • 8.01-468 Executions against corporations
    Such executions as may issue against a natural person may issue against a corporation. (Code 1950, § 8-401; 1977, c. 617.) ...
  • 8.01-469 Executions on joint judgments
    When a judgment is against several persons jointly, executions thereon may be joint against all of them. (Code 1950, § 8-401; 1977, c. 617.) ...
  • 8.01-470 Writs on judgments for specific property
    On a judgment for the recovery of specific property, real or personal, a writ of possession may issue for the specific property, which shall conform ...
  • 8.01-471 Time period for issuing writs of possession in unlawful entry and detainer; when returnabl...
    Writs of possession, in case of unlawful entry and detainer, shall be issued within one year from the date of judgment for possession and shall ...
  • 8.01-472 Writs on judgments for personal property
    When the judgment is for personal property, the plaintiff may, at his option, have a fieri facias for the alternative value, instead of a writ ...
  • 8.01-473 Judgment for benefit of other person than plaintiff; remedies of such person
    When an execution issues on a judgment, for the benefit, in whole or in part, of any person other than the plaintiff, if the fact ...
  • 8.01-474 What writ of fieri facias to command
    By a writ of fieri facias, the officer shall be commanded to make the money therein mentioned out of the goods and chattels of the ...
  • 8.01-475 Subsequent executions
    Subject to the limitations prescribed by Chapter 17 (§ 8.01-426 et seq.) of this title, a party obtaining an execution may sue out other executions ...
  • 8.01-476 New execution after loss of property sold under indemnifying bond
    When property sold under an execution, or its value, is recovered from an obligor on an indemnifying bond given before such sale, or from a ...
  • 8.01-477 When executions may be quashed; how proceedings thereon stayed
    A motion to quash an execution may, after reasonable notice to the adverse party, be heard and decided by the court which issued the execution. ...
  • 8.01-477.1 Claims of exemption from execution
    The procedures specified in § 8.01-546.2 shall govern further proceedings regarding claims of exemption from levy. (1986, c. 341.) ...
  • 8.01-478 On what property writ of fieri facias levied; when lien commences
    The writ of fieri facias may be levied as well on the current money and bank notes, as on the goods and chattels of the ...
  • 8.01-479 Time for enforcement
    Property levied on, on or before the return day, may be advertised and sold within a reasonable time thereafter, and the lien given by this ...
  • 8.01-480 Prior security interest on property levied on
    Tangible personal property subject to a prior security interest, or in which the execution debtor has only an equitable interest, may nevertheless be levied on ...
  • 8.01-481 Territorial extent of lien
    The lien given by this chapter on personal property by levy shall, as to property capable of being levied on, be restricted to the bailiwick ...
  • 8.01-482 If levy be on coin or currency, how accounted for
    If the levy be on coin or currency (including notes) made a legal tender for the payment of debts, the same shall be accounted for ...
  • 8.01-483 Return of officer on fieri facias; statement filed therewith
    Upon a writ of fieri facias, the officer shall return whether the money therein mentioned has been or cannot be made. If there is only ...
  • 8.01-484 When writ may be destroyed
    A writ of fieri facias returned by the officer to the clerk's office with a notation that the money cannot be made may be destroyed ...
  • 8.01-485 When venditioni exponas may issue; proceedings thereon
    When it appears by the return on an execution that property taken to satisfy it remains unsold, a writ of venditioni exponas may issue, whereupon ...
  • 8.01-486 Procedure when officer taking property under execution dies before sale
    If an officer taking property under execution die before the sale thereof, and there be no deputies of such officer acting in the case, upon ...
  • 8.01-487 Officer to endorse on fieri facias time of receiving it
    Every officer shall endorse on each writ of fieri facias the date and time he receives the same and also when he levies upon tangible ...
  • 8.01-487.1 Officer to leave copy of writ where levy made
    An officer into whose hands a writ of fieri facias is placed to be levied, when making a levy shall serve a copy of the ...
  • 8.01-488 When several writs of fieri facias, how satisfied
    Of writs of fieri facias, that which was first delivered to the officer, though two or more be delivered on the same day, shall be ...
  • 8.01-489 Growing crops, not severed, not liable to distress or levy
    No growing crop of any kind, not severed, shall be liable to distress or levy. (Code 1950, § 8-421.1; 1977, c. 617.) ...
  • 8.01-490 No unreasonable distress or levy; sustenance provided for livestock; removal of property
    Officers shall in no case make an unreasonable distress or levy. For horses, or any livestock distrained or levied on, the officer shall provide sufficient ...
  • 8.01-491 Officer may break open dwelling house and levy on property in personal possession of debto...
    An officer into whose hands an execution is placed to be levied, may, if need be, break open the outer doors of a dwelling house ...
  • 8.01-492 Sale of property
    In any case of goods and chattels which an officer shall distrain or levy on, otherwise than under an attachment, or which he may be ...
  • 8.01-493 Adjournment of sale
    When there is not time, on the day appointed for any such sale, to complete the same, the sale may be adjourned from day to ...
  • 8.01-494 Resale of property if purchaser fails to comply; remedy against such purchaser
    If, at any sale by an officer, the purchaser does not comply with the terms of sale, the officer may sell the property, either forthwith ...
  • 8.01-495 When money received by officer under execution to be repaid to debtor
    When an officer has received money under execution, if any surplus remain in his hands after satisfying the execution, such surplus shall be repaid to ...
  • 8.01-496 Officer not required to go out of his jurisdiction to pay over money
    No officer receiving money under execution, when the person to whom it is payable resides in a different county or city from that in which ...
  • 8.01-497 Suit by officer to recover estate on which fieri facias is lien
    For the recovery of any estate on which a writ of fieri facias is a lien under this chapter, or on which the judgment on ...
  • 8.01-498 Selling officers and employees not to bid or to purchase
    No officer of any city, town, county or constitutional officer or employee of any such city, town, county or constitutional office shall, directly or indirectly, ...
  • 8.01-499 Officer receiving money to make return thereof and pay net proceeds; commission, etc
    An officer receiving money under this chapter shall make return thereof forthwith to the court or the clerk's office of the court in which the ...
  • 8.01-500 Officer receiving money to notify person entitled to receive it
    Every officer collecting or receiving money to be applied on any execution or other legal process, or on any claim, whether judgment has been rendered ...
  • 8.01-501 Lien of fieri facias on estate of debtor not capable of being levied on
    Every writ of fieri facias shall, in addition to the lien it has under §§ 8.01-478 and 8.01-479 on what is capable of being levied ...
  • 8.01-502 Person paying debtor not affected by lien unless notice given
    As against a person making a payment to the judgment debtor, the lien referred to in § 8.01-501 shall not affect him, unless and until ...
  • 8.01-502.1 Serving notice of lien on financial institution
    No judgment creditor or attorney for a judgment creditor shall have a notice of lien served on a financial institution under § 8.01-502 unless such ...
  • 8.01-503 Withholding of wages or salary not required by preceding sections unless garnishment process serve...
    Nothing contained in §§ 8.01-501 and 8.01-502 shall have the effect of requiring any employer paying wages or salary to an employee to withhold any ...
  • 8.01-504 Penalty for service of notice of lien when no judgment exists
    Whoever causes to be served a notice of lien of a writ of fieri facias without there being a judgment against the defendant named therein, ...
  • 8.01-505 When lien acquired on intangibles under { 8.01-501 ceases
    The lien acquired under § 8.01-501 on intangibles shall cease whenever the right of the judgment creditor to enforce the judgment by execution or by ...
  • 8.01-506 Proceedings by interrogatories to ascertain estate of debtor; summons; proviso; objections by judgm...
    A. To ascertain the personal estate of a judgment debtor, and to ascertain any real estate, in or out of this Commonwealth, to which the ...
  • 8.01-506.1 Production of book accounts or other writing compelled
    In any proceeding under the provisions of § 8.01-506, a subpoena duces tecum may be issued for a book of accounts or other writing containing ...
  • 8.01-506.2 Proceedings in court of county or city where execution debtor resides
    When pursuant to subsection B of § 8.01-506, a summons requires the execution debtor to appear before a court of the county or city in ...
  • 8.01-507 Conveyance or delivery of property disclosed by interrogatories
    Any real estate out of this Commonwealth to which it may appear by such answer that the debtor is entitled shall, upon order of the ...
  • 8.01-507.1 Interrogatories, answers, etc., to be returned to court
    The commissioner shall, at the request of either of the parties, return the interrogatories and answers filed with him, and a report of the proceedings ...
  • 8.01-508 How debtor may be arrested and held to answer
    If any person summoned under § 8.01-506 fails to appear and answer, or makes any answers which are deemed by the commissioner or court to ...
  • 8.01-509 Order for sale and application of debtor's estate
    The court to which the commissioner returns his report may make any order it may deem right, as to the sale and proper application of ...
  • 8.01-510 Sale, collection and disposition of debtor's estate by officer
    Real estate, conveyed to an officer under this chapter, shall, unless the court otherwise direct, be sold as other property levied on is required to ...
  • 8.01-511 Institution of garnishment proceedings
    On a suggestion by the judgment creditor that, by reason of the lien of his writ of fieri facias, there is a liability on any ...
  • 8.01-511.1 Garnishee inability to determine whether it holds property of judgment debtor
    If a summons for the garnishment of property other than wages, salaries, commissions or other earnings does not contain sufficient or accurate information to enable ...
  • 8.01-512 , 8.01-512.1
    Repealed by Acts 1983, c. 399. ...
  • 8.01-512.2 Fee for garnishee-employers
    Garnishee-employers may charge and collect a fee of up to ten dollars from a judgment-debtor employee on account of such employers' expense in processing each ...
  • 8.01-512.3 Form of garnishment summons
    Any garnishment issued pursuant to § 8.01-511 shall be in the following form:

    (a) Front side of summons:
    GARNISHMENT SUMMONS
    (Court Name)
    (Name, address and telephone number of judgment creditor except that when the
    judgment creditor's attorney's name, address and telephone number appear on
    the summons, only the creditor's name shall be used.)
    (Name, address and telephone number of judgment creditor's attorney)
    (Name, street address and social security number of judgment debtor)
    (Name and street address of garnishee)
    .................... Hearing Date and Time
    This is a garnishment against (check only one of the designations below):
    ...
  • 8.01-512.4 Notice of exemptions from garnishment
    No summons in garnishment shall be issued or served unless a notice of exemptions and claim for exemption form are attached. The notice shall contain ...
  • 8.01-512.5 Hearing on claim of exemption from garnishment
    A judgment debtor shall have the right to a hearing on his claim of exemption from garnishment no later than seven business days from the ...
  • 8.01-513 Service upon corporation or limited liability company
    A. If the person upon whom there is a suggestion of liability as provided in § 8.01-511 is a corporation, the summons shall be served ...
  • 8.01-514 When garnishment summons returnable
    The summons in garnishment, whether issued by a circuit court or a district court, may be directed to a sheriff of any county or city ...
  • 8.01-515 How garnishee examined; determining exemption from employee's withholding certificate; amount due p...
    A person so summoned shall appear in person and be examined on oath or he may file a statement. A corporation so summoned shall appear ...
  • 8.01-516 Description unavailable
    Repealed by Acts 1983, c. 399. ...
  • 8.01-516.1 Garnishment dispositions
    A. If the amount of liability is not disputed and the garnishee admits liability to the court either by (i) examination on the return date ...
  • 8.01-517 Exemption of portion of wages; payment of excess into court
    Notwithstanding the provisions of §§ 8.01-515 and 8.01-516.1, any employer against whom any garnishment is served in connection with an action or judgment against an ...
  • 8.01-518 When garnishee is personal representative of decedent
    If the person so summoned be the personal representative of a decedent, he shall answer in writing whether or not there is in his hands ...
  • 8.01-519 Proceedings where garnishee fails to appear or answer, or to disclose his liability
    If the garnishee, after being served with the summons, fail to appear or answer personally, or if it be suggested that he has not fully ...
  • 8.01-520 Payment, etc., by garnishee before return of summons
    Any person, summoned under § 8.01-511, before the return day of the summons, may pay what he is liable for to the clerk of the ...
  • 8.01-521 Judgments as to costs
    Unless the garnishee appear to be liable for more than is so delivered and paid, there shall be no judgment against him for costs. In ...
  • 8.01-522 Wages and salaries of State employees
    Unless otherwise exempted, the wages and salaries of all employees of this Commonwealth, other than State officers, shall be subject to garnishment or execution upon ...
  • 8.01-523 Service upon federal government
    A. If the suggestion of liability as provided in § 8.01-511 is against the United States of America, the summons shall be served upon the ...
  • 8.01-524 Wages and salaries of city, town and county officials, clerks and employees
    Unless otherwise exempt, the wages and salaries of all officials, clerks and employees of any city, town or county shall be subject to garnishment or ...
  • 8.01-525 Who are officers and employees of cities, towns and counties
    All officers, clerks and employees who hold their office by virtue of authority from the General Assembly or by virtue of city, town or county ...

Last modified: April 2, 2009