No bill to enforce a lien pursuant to § 8.01-462 shall be entertained if the real estate is the judgment debtor's primary residence and the amount of the judgment exclusive of interest and costs does not exceed $25,000. However, if the judgment is for assessments levied by a common interest community association pursuant to Chapter 18 (§ 55.1- 1800 et seq.), 19 (§ 55.1-1900 et seq.), 21 (55.1-2100 et seq.), or 23 (§ 55.1-2300 et seq.) of Title 55.1, no bill to enforce a lien shall be entertained if the total amount secured by one or more judgments exclusive of interest and costs does not exceed $5,000.
§ 8.01-463.Enforcement of lien when judgment does not exceed $25,000.
Chapter 17. Judgments and Decrees Generally · Article 7. Lien and Enforcement Thereof · Last amended 2024 · Last verified July 16, 2026
In one sentenceNo bill to enforce a judgment lien under § 8.01-462 may proceed if the real estate is the judgment debtor’s primary residence and the judgment, excluding interest and costs, does not exceed $25,000, though that threshold drops to $5,000 for judgments consisting of common interest community association assessments.
Full Text of § 8.01-463
Plain-English Summary
The equitable sale remedy in § 8.01-462 is a serious step for a homeowner — it can cost someone their primary residence. Section 8.01-463 sets a floor below which that remedy is unavailable. No bill to enforce the lien may be entertained if the real estate at stake is the judgment debtor’s primary residence and the judgment, not counting interest and costs, does not exceed $25,000.
A separate, lower threshold applies to a specific category of debt: judgments for assessments levied by a common interest community association under the statutory chapters governing property owners’ associations, condominium associations, cooperatives, or similar communities. For those assessment-based judgments, no bill to enforce the lien may proceed if the total secured by one or more such judgments, excluding interest and costs, does not exceed $5,000.
Frequently Asked Questions
Below what judgment amount can a creditor not force the sale of a debtor’s primary residence?
$25,000, excluding interest and costs, when the real estate is the judgment debtor’s primary residence.
Does the $25,000 threshold apply to all real estate, or just a primary residence?
It applies specifically when the real estate is the judgment debtor’s primary residence.
Is there a different threshold for common interest community association assessment judgments?
Yes, that threshold is $5,000, applying to the total secured by one or more such judgments, excluding interest and costs.
What happens to interest and costs when calculating whether the threshold is met?
They are excluded — the thresholds apply to the amount of the judgment exclusive of interest and costs.
What remedy does this section limit?
The bill to enforce a lien under § 8.01-462, which lets a court decree a sale of the real estate.
Amendment History
Code 1950, § 8-392; 1977, c. 617; 2021, Sp. Sess. I, cc. 91, 92; 2024, cc. 55, 349.
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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