When the judgment is for personal property, the plaintiff may, at his option, have a fieri facias for the alternative value, instead of a writ of possession, and the damages and costs.
§ 8.01-472.Writs on judgments for personal property.
Chapter 18. Executions and Other Means of Recovery · Article 1. Issue and Form; Motion to Quash · Last amended 1977 · Last verified July 16, 2026
In one sentenceWhen a judgment awards specific personal property, this section gives the winning plaintiff a choice: take a writ of possession for the property itself, or instead choose a writ of fieri facias for the property’s alternative money value, along with the damages and costs the judgment also awarded.
Full Text of § 8.01-472
Plain-English Summary
A judgment that orders the return of specific personal property does not always give the winner what they want. Maybe the item has been damaged, sold, or hidden by the time the case ends. Section 8.01-472 answers that problem by giving the plaintiff a choice rather than forcing pursuit of the physical item alone.
Instead of a writ of possession aimed at recovering the property itself, the plaintiff may opt for a writ of fieri facias directed at the property’s alternative value — the dollar amount a court has already fixed as its worth — plus whatever damages and costs the judgment separately awarded. That flexibility lets a creditor pursue money from the debtor’s other assets when chasing the specific item is not worth the trouble.
Frequently Asked Questions
If a judgment awards specific personal property, must the plaintiff pursue that exact property?
No. The plaintiff may instead choose a writ of fieri facias for the property’s alternative value rather than a writ of possession.
Can a plaintiff who chooses the alternative value writ still collect damages and costs?
Yes, the writ of fieri facias for the alternative value is issued along with the damages and costs the judgment awarded.
Who decides whether to pursue the property or its value?
The plaintiff decides. The section states the plaintiff may, at his option, choose the fieri facias for alternative value instead of a writ of possession.
What writ recovers the physical property itself under this framework?
A writ of possession, described in § 8.01-470, is the writ that pursues the specific personal property rather than its value.
Does this section apply to judgments for real property?
No, by its terms it applies to judgments for personal property, not real property.
Amendment History
Code 1950, § 8-404; 1977, c. 617.
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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