RulesofCivilProcedure.com Civil Procedure · Every State

§ 8.01-466.Clerk to issue fieri facias on judgment for money.

Chapter 18. Executions and Other Means of Recovery · Article 1. Issue and Form; Motion to Quash · Last amended 1996 · Last verified July 16, 2026

In one sentenceOnce a court enters a money judgment, the clerk must issue a writ of fieri facias twenty-one days later at the creditor’s request, hand it to an officer to execute, and attach the form the debtor needs to claim an exemption from levy, unless the court shortens that waiting period for good cause.

Full Text of § 8.01-466

Text size

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 the judgment creditor, his assignee or his attorney, to issue a writ of fieri facias at the expiration of twenty- one days from the date of the entry of the judgment and place the same in the hands of a proper person to be executed and take his receipt therefor. The writ shall be issued together with the form for requesting a hearing on a claim of exemption from levy as provided in § 8.01-546.1. For good cause the court may order an execution to issue on judgments and decrees at an earlier period.

Plain-English Summary

Section 8.01-466 sets the gears in motion after a court enters judgment for money. Once twenty-one days pass, the clerk of court has no discretion left: on request from the judgment creditor, an assignee, or an attorney, the clerk issues a writ of fieri facias — the standard order commanding a sheriff or other officer to collect the judgment out of the debtor’s property — and hands it to that officer along with a receipt requirement so the paperwork trail stays intact.

The twenty-one day pause gives a losing defendant a short window before collection efforts start, mirroring the time typically allowed to note an appeal or ask for reconsideration. The clerk must also attach the form for requesting a hearing on a claimed exemption from levy, so the debtor learns right away how to protect wages, tools, or household goods that state law shields from creditors.

Creditors are not always stuck waiting three weeks. When circumstances justify moving faster — a debtor dissipating assets, for example — the court may order execution to issue earlier. That flexibility keeps the default waiting period from becoming a loophole for a debtor racing to hide or transfer property before the writ can reach it.

Frequently Asked Questions

How long after judgment must the creditor wait before the clerk issues a writ of fieri facias?

Under this section, the clerk issues the writ twenty-one days after the date the judgment was entered, unless the court has ordered execution to issue earlier for good cause.

Who can ask the clerk to issue the writ?

The judgment creditor, the creditor’s assignee, or the creditor’s attorney may request that the clerk issue the writ of fieri facias.

What form must accompany the writ?

The clerk must issue the writ together with the form for requesting a hearing on a claim of exemption from levy under § 8.01-546.1, so the debtor knows how to contest collection of exempt property.

Can a court speed up execution before the twenty-one days run?

Yes. The section allows the court to order execution on judgments and decrees at an earlier period for good cause.

What happens to the writ once the clerk issues it?

The clerk places the writ in the hands of a proper person, typically a sheriff or other officer, to execute, and takes that person’s receipt for it.

Amendment History

Code 1950, § 8-399; 1954, c. 620; 1976, c. 354; 1977, c. 617; 1986, c. 341; 1996, cc. 501, 608.

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: virginia writ of fieri faciashow to get a writ of execution in virginia21 day waiting period judgment virginiavirginia clerk issue execution judgmentfi fa writ virginiaexemption from levy form virginiavirginia judgment collection start