A writ of fieri facias returned by the officer to the clerk's office with a notation that the money cannot be made may be destroyed after two years from the date of the return.
§ 8.01-484.When writ may be destroyed.
Chapter 18. Executions and Other Means of Recovery · Article 3. Return and Venditioni Exponas · Last amended 1988 · Last verified July 16, 2026
In one sentenceOnce an officer returns a writ of fieri facias to the clerk’s office noting that the money could not be made, the clerk may destroy that writ, but only after two years have passed from the date the officer filed the return.
Full Text of § 8.01-484
Plain-English Summary
Court files cannot hold onto every piece of paper forever, and Section 8.01-484 gives clerks a narrow, specific permission to clean house. When a writ of fieri facias comes back with a notation that the money could not be collected, that writ becomes a candidate for destruction rather than permanent storage.
The permission is not immediate. Two full years must pass from the date of the return before the writ can be destroyed. That waiting period gives a creditor time to reconsider, pursue the debtor through a subsequent execution under § 8.01-475, or otherwise rely on the returned writ before it disappears from the record.
Frequently Asked Questions
Which writs does this section allow to be destroyed?
A writ of fieri facias returned by the officer to the clerk’s office with a notation that the money cannot be made.
How long must pass before such a writ can be destroyed?
Two years from the date of the return.
Does this section require destruction of the writ after two years, or merely permit it?
The text says the writ “may be destroyed,” which permits rather than requires destruction after the two-year period.
Does this section apply to writs that were successfully satisfied?
By its terms, it applies to writs returned with a notation that the money could not be made, not to writs returned as satisfied.
Can a creditor still act on the underlying judgment during the two-year waiting period?
The section does not restrict the creditor’s other remedies; it only addresses when the clerk may destroy this particular returned writ.
Amendment History
Code 1950, § 8-417; 1962, c. 110; 1977, c. 617; 1988, c. 420.
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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