Chapter 6. Notice of Lis Pendens or Attachment · Last amended 2014 · Last verified July 16, 2026
In one sentenceSection 8.01-269 requires the court to order release of a lis pendens or attachment once the underlying case is dismissed or decided for the defendant, directs the clerk to record that release after any appeal period runs, and gives a creditor ten days after a debt is paid to record a satisfaction releasing the lien.
Full Text of § 8.01-269
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If such attachment or lis pendens is quashed or dismissed or such cause is dismissed, or judgment or final decree in such attachment or cause is for the defendant or defendants, the court shall direct in its order (i) that the names of all interested parties thereto, as found in the recorded attachment or lis pendens be listed for the clerk, and (ii) that the attachment or lis pendens be released and, the court may, in an appropriate case, impose sanctions as provided in § 8.01-271.1. It shall then become the duty of the clerk in whose office such attachment or lis pendens is recorded to record the order in the order book together with a separate instrument or order releasing such lien and referencing
the deed book and page where the original lien is recorded. However, in any case in which an appeal or writ of error from such judgment or decree or dismissal would lie, the clerk shall not record the order or make the entry until after the expiration of the time in which such appeal or writ of error may be applied for, or if applied for after refusal thereof, or if granted, after final judgment or decree is entered by the appellate court.
In any case in which the debt for which such attachment is issued, or suit is brought and notice of lis pendens recorded is satisfied by payment, it shall be the duty of the creditor, within 10 days after payment of same, to provide the clerk with a separate instrument or order for recordation releasing such lis pendens and referencing the order book and page where the original lis pendens is recorded.
Plain-English Summary
A lis pendens or attachment is not supposed to outlive the case that justified it. Section 8.01-269 requires the court, when the attachment or lis pendens is quashed or dismissed, when the underlying case is dismissed, or when judgment or final decree goes for the defendant, to order the interested parties listed for the clerk and the lien released, and the court may, in an appropriate case, impose sanctions under § 8.01-271.1. The clerk who recorded the original attachment or lis pendens then has to record that order, along with a separate release instrument referencing the deed book and page of the original lien.
Timing matters here too. If the losing side could still appeal, the clerk holds off recording the release until the appeal window closes, or an appeal is refused, or, if one is granted, until final judgment comes down from the appellate court.
The section also covers voluntary satisfaction: when the underlying debt behind an attachment or a lis pendens is paid off, the creditor has ten days after payment to give the clerk a separate release instrument, referencing the order book and page of the original filing, so the recorded lien gets cleared.
Frequently Asked Questions
What happens to a recorded lis pendens if the underlying lawsuit is dismissed?
The court must direct that the interested parties be listed for the clerk and that the lis pendens be released, and the clerk records that release once any appeal period has run.
Can a court impose sanctions when releasing a lis pendens or attachment?
Yes, in an appropriate case, as provided in § 8.01-271.1.
Does the clerk record the release immediately after a judgment for the defendant?
Not if an appeal could still be taken; the clerk waits until the appeal period expires, an appeal is refused, or, if granted, until the appellate court enters final judgment.
What must a creditor do after the debt behind an attachment or lis pendens is paid?
Within ten days of payment, provide the clerk a separate instrument or order releasing the lis pendens and referencing the order book and page where it was originally recorded.
What information must the release reference when a lien is cleared under this section?
The deed book and page, or order book and page, where the original lien or lis pendens is recorded.
Amendment History
Code 1950, § 8-143; 1962, c. 589; 1977, c. 617; 1985, c. 310; 1986, c. 278; 1989, c. 450; 2014, c. 330.
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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