Property levied on, on or before the return day, may be advertised and sold within a reasonable time thereafter, and the lien given by this section may also be enforced after the return day of the writ by proceedings under § 8.01-506 and following of this chapter, if such proceedings be commenced before that day.
§ 8.01-479.Time for enforcement.
Chapter 18. Executions and Other Means of Recovery · Article 2. Lien in General · Last amended 1984 · Last verified July 16, 2026
In one sentenceProperty an officer levies on by the writ’s return day may still be advertised and sold within a reasonable time after that date, and the execution lien itself can be enforced past the return day through the creditor’s-bill proceedings under § 8.01-506, provided those proceedings begin before the return day passes.
Full Text of § 8.01-479
Plain-English Summary
A writ of fieri facias carries a return day, but that date is not a hard deadline that erases everything the officer has done up to that point. Section 8.01-479 confirms that property already levied on by the return day can still be advertised and sold afterward, within a reasonable time, even though the return day itself has come and gone.
The section also addresses how far the lien’s protection extends past the return day. If the creditor wants to enforce the lien through the proceedings described in § 8.01-506 — typically reaching property or interests an ordinary levy cannot easily capture — those proceedings must be commenced before the return day arrives. Start them in time, and the lien can be enforced even though the return day has since passed.
Frequently Asked Questions
Can property levied on before the return day still be sold after that date?
Yes, property levied on, on or before the return day, may be advertised and sold within a reasonable time thereafter.
Can the lien be enforced after the return day of the writ?
Yes, through proceedings under § 8.01-506 and following sections of this chapter.
Is there a timing requirement to enforce the lien after the return day?
Yes. Those proceedings under § 8.01-506 must be commenced before the return day for the lien to be enforceable afterward.
What happens if the § 8.01-506 proceedings are not started before the return day?
The text conditions post-return-day enforcement of the lien on commencing those proceedings before the return day, so enforcement through that route depends on meeting that timing.
Does this section itself describe the § 8.01-506 proceedings?
No, it only sets the timing condition; the substance of those proceedings is found in § 8.01-506 and the sections following it.
Amendment History
Code 1950, § 8-412; 1977, c. 617; 1984, c. 557.
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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