The writ of fieri facias may be levied as well on the current money and bank notes, as on the goods and chattels of the judgment debtor, except such as are exempt from levy under Title 34, and shall bind what is capable of being levied on only from the time it is actually levied by the officer to whom it has been delivered to be executed.
§ 8.01-478.On what property writ of fieri facias levied; when lien commences.
Chapter 18. Executions and Other Means of Recovery · Article 2. Lien in General · Last amended 1977 · Last verified July 16, 2026
In one sentenceA writ of fieri facias reaches both a debtor’s cash and bank notes and the debtor’s goods and chattels, excluding whatever Title 34 exempts from levy, and the resulting lien attaches to any of that leviable property only from the exact moment an officer levies on it.
Full Text of § 8.01-478
Plain-English Summary
Section 8.01-478 defines the reach and the timing of the execution lien created by a writ of fieri facias. In terms of reach, the writ can be levied on current money and bank notes just as readily as on ordinary goods and chattels — with one carve-out for whatever property Title 34 shields from creditors, such as certain wages, tools, and household necessities.
The timing rule matters just as much as the reach. The lien does not spring into existence the moment the writ is issued, or even when it lands in the sheriff’s hands. It binds property only from the moment the officer levies on it — physically identifies and seizes the specific goods, money, or notes. Until that levy happens, a debtor’s leviable property remains unencumbered by this particular writ, which is why the timing and manner of levy carries real weight for competing creditors and purchasers.
Frequently Asked Questions
What kinds of property can a writ of fieri facias reach?
It may be levied on current money and bank notes as well as on the goods and chattels of the judgment debtor.
Is any property excluded from the reach of the writ?
Yes, property exempt from levy under Title 34 is excluded.
When does the lien created by the writ attach to property?
The lien binds leviable property only from the time it is levied by the officer to whom the writ has been delivered to be executed.
Does issuing the writ alone create a lien on the debtor’s property?
No. The text ties the lien to actual levy, not to mere issuance or delivery of the writ to the officer.
Does this section address real estate?
No, it addresses current money, bank notes, and goods and chattels, which are forms of personal property, not real estate.
Amendment History
Code 1950, § 8-411; 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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