Every writ of fieri facias, issued according to § 8.01-201, shall be levied first on the goods and chattels of the person against whose estate such writ issued. If, in the political subdivision, the residence of such person, there are no goods and chattels liable thereto, or not a sufficiency thereof, then the officer having such writ shall levy it on the real estate of such person.
§ 8.01-203.Goods and chattels liable before real estate.
Chapter 3. Actions · Article 19. Actions by the Commonwealth · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-203 requires a sheriff enforcing a Commonwealth judgment to seize the debtor’s personal property before real estate, turning to real property only when goods and chattels in the debtor’s home jurisdiction are missing or insufficient to satisfy the debt.
Full Text of § 8.01-203
Plain-English Summary
Section 8.01-203 sets the order of operations for a levy under the writ authorized by Section 8.01-201. Every such writ of fieri facias must be levied first on the goods and chattels belonging to the person against whose estate the writ issued.
Only if the political subdivision where that person resides has no goods and chattels to levy on, or not enough of them to cover the debt, does the officer move to the person’s real estate. The rule protects a debtor’s land from being reached first, requiring the officer to exhaust readily available personal property in the debtor’s home jurisdiction before turning to real estate at all.
Frequently Asked Questions
What must a sheriff seize first when collecting a Commonwealth debt?
The debtor’s goods and chattels. Section 8.01-203 requires the writ to be levied on personal property before real estate.
When can the sheriff move on to the debtor’s real estate?
Only if there are no goods and chattels liable in the political subdivision where the debtor resides, or not enough of them to satisfy the debt.
Does this rule look at property statewide or just in the debtor’s home jurisdiction?
Just the debtor’s home jurisdiction — the section asks whether liable goods and chattels exist in the political subdivision of the debtor’s residence before allowing a move to real estate.
What if the debtor’s personal property covers only part of the debt?
If the goods and chattels available are not sufficient to cover the debt, the officer may then levy on the debtor’s real estate for the remainder.
Why does the law prefer seizing personal property before land?
It limits the disruption of a forced land sale to situations where the debtor’s more readily liquidated personal property cannot cover what is owed.
Amendment History
Code 1950, § 8-766; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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