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§ 8.01-488.When several writs of fieri facias, how satisfied.

Chapter 18. Executions and Other Means of Recovery · Article 4. Enforcement Generally · Last amended 1977 · Last verified July 16, 2026

In one sentenceAmong multiple writs of fieri facias in an officer’s hands, the writ delivered first — even if others arrived the same day — gets levied and satisfied first, writs delivered at the same time share proceeds ratably, and creditors who post an indemnifying bond for a sale are paid in the order their liens attached.

Full Text of § 8.01-488

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Of writs of fieri facias, that which was first delivered to the officer, though two or more be delivered on the same day, shall be first levied and satisfied, and when several such executions are delivered to the officer at the same time they shall be satisfied ratably. But if an indemnifying bond be required by the officer as a prerequisite to a sale, and
the same to be given by some of the creditors and not by others, and the officer sells under the protection of such bond, the proceeds of the sale shall be paid to the creditors giving the bond in the order in which their liens attached.

Plain-English Summary

An officer sometimes holds more than one writ of fieri facias against the same debtor at the same time, and Section 8.01-488 sets the priority rules for sorting out who gets paid first. The baseline rule rewards speed: whichever writ was delivered to the officer earliest gets levied and satisfied first, even when two or more writs happen to arrive on the same day.

When multiple writs truly arrive at the same time, with no way to distinguish which came first, the officer satisfies them ratably — proportionally, rather than picking a winner. The section also addresses a wrinkle involving indemnifying bonds: if the officer requires a bond before selling because someone claims a competing interest in the property, and only some of the creditors post that bond while others do not, the sale can still proceed under the bond’s protection. But the proceeds then go to the bonding creditors in the order their own liens attached, not in the order their writs were delivered.

Frequently Asked Questions

Which writ of fieri facias gets satisfied first when an officer holds several?

The writ that was first delivered to the officer, even if two or more were delivered on the same day.

What happens when several writs are delivered to the officer at exactly the same time?

They are satisfied ratably.

What is an indemnifying bond’s role in this section?

If the officer requires an indemnifying bond as a prerequisite to a sale and only some creditors give it, the officer may sell under the protection of that bond.

How are proceeds distributed when only some creditors gave an indemnifying bond?

The proceeds are paid to the creditors who gave the bond in the order in which their liens attached.

Does the order of lien attachment matter for creditors who did not post the bond?

The text addresses distribution among the creditors giving the bond; it ties their payment order to when their liens attached rather than to delivery order alone.

Amendment History

Code 1950, § 8-421; 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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