§ 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
Full Text of § 8.01-466
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.