When an execution issues on a judgment, for the benefit, in whole or in part, of any person other than the plaintiff, if the fact appears by the record, the clerk shall, in the execution, or by an endorsement thereon, state the extent of the interest therein of such person; and such person, either in his own name or that of the plaintiff, may, as a party injured, prosecute a suit or motion against the officer.
§ 8.01-473.Judgment for benefit of other person than plaintiff; remedies of such person.
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 an execution is issued to benefit someone other than the named plaintiff — a subrogated insurer or assignee, for instance — and the record shows that fact, the clerk must note the extent of that person’s interest on the writ, letting that person sue an officer who mishandles it.
Full Text of § 8.01-473
Plain-English Summary
Judgments are not always collected purely for the benefit of the person listed as plaintiff. A surety who paid a debt, an insurer who covered a loss, or another party with a recognized stake may be entitled to some or all of the proceeds. Section 8.01-473 makes sure that interest does not get lost once the case moves from judgment to execution.
If the record shows that an execution benefits someone besides the plaintiff, the clerk must state the extent of that person’s interest directly in the execution or by endorsement on it. That notation matters because it gives the interested person standing to act. If an officer mishandles the writ — failing to levy properly, for example, or misapplying proceeds — that person may prosecute a suit or motion against the officer, either in their own name or in the plaintiff’s name, as someone injured by the officer’s conduct.
Frequently Asked Questions
What must the clerk do when an execution benefits someone other than the plaintiff?
If the record shows the fact, the clerk must state the extent of that person’s interest in the execution itself or by an endorsement on it.
Can a non-plaintiff sue an officer over how an execution was handled?
Yes. A person with a recognized interest in the execution may, as a party injured, prosecute a suit or motion against the officer.
In whose name can that person bring the suit?
The interested person may sue either in his own name or in the name of the plaintiff.
What triggers the clerk’s duty to note the interest on the writ?
The duty arises when the fact that the execution benefits someone other than the plaintiff appears by the record.
Does this section create the underlying interest, or just protect it during execution?
It protects an interest that already exists and appears in the record; the text addresses how that interest is noted and enforced during execution, not how it arises.
Amendment History
Code 1950, § 8-405; 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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