RulesofCivilProcedure.com Civil Procedure · Every State

§ 8.01-465.5.Optional procedure.

Chapter 17.1. Uniform Enforcement of Foreign Judgments Act · Not amended since adoption on record · Last verified July 16, 2026

In one sentenceThis section preserves a judgment creditor's older option to sue on the foreign judgment as a fresh civil action rather than use the streamlined filing procedure this chapter provides, so the statutory filing method adds to, rather than replaces, that traditional route.

Full Text of § 8.01-465.5

Text size

The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this chapter remains unimpaired. 1988, c. 539.

Plain-English Summary

The filing procedure in § 8.01-465.2 is a convenience, not a mandate. This section makes that explicit: a judgment creditor's right to bring an action to enforce the foreign judgment, instead of proceeding under this chapter, “remains unimpaired.”

That preserved option matters because a creditor might have reasons to prefer a fresh lawsuit — timing, strategy, or the practical needs of a particular case can all cut in favor of filing suit on the judgment rather than filing the judgment itself.

Read alongside the rest of the chapter, this section is the closing word confirming that Chapter 17.1 supplements existing enforcement options rather than displacing them. A creditor loses nothing by having this streamlined filing procedure available.

Frequently Asked Questions

Does using this chapter's filing procedure eliminate a creditor's other options for enforcing the judgment?

No, the right to bring a separate action to enforce the judgment “remains unimpaired” under this section.

Is filing under § 8.01-465.2 the only way to enforce a foreign judgment in Virginia?

No, this section confirms a creditor may instead bring an action to enforce the judgment, an option that exists alongside the chapter's filing procedure.

Does this section create a new right for judgment creditors?

No, it confirms an existing right by stating that it “remains unimpaired” rather than creating something new.

Which section describes the streamlined filing alternative to bringing a new suit?

Section 8.01-465.2 sets out the filing procedure this section says a creditor need not use.

Why might a creditor prefer to sue on the judgment instead of filing it under this chapter?

The section does not say why; it preserves that older common-law option alongside the chapter's filing method without limiting a creditor's choice.

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
Also known as: suing on a foreign judgment in virginia instead of filingalternative to domesticating a judgment in virginiaaction on a judgment virginia optional procedurevirginia uniform enforcement of foreign judgments act optional filing