For the recovery of any estate on which a writ of fieri facias is a lien under this chapter, or on which the judgment on which such writ issues is a lien under Chapter 17 (§ 8.01-426 et seq.) of this title, or for the enforcement of any liability in respect to any such estate, a suit may be maintained, at law or in equity, as the case may require, in the name of the officer to whom such writ was delivered, or in the name of any other officer who may be designated for the purpose by an order of the court in which the judgment is entered. No officer shall be bound to bring such suit unless bond, with sufficient surety, be given him to indemnify him against all expenses and costs which he may incur or become liable for by reason thereof. But any person interested may bring such suit at his own costs in the officer's name.
§ 8.01-497.Suit by officer to recover estate on which fieri facias is lien.
Chapter 18. Executions and Other Means of Recovery · Article 4. Enforcement Generally · Last amended 1977 · Last verified July 16, 2026
In one sentenceTo recover property on which a writ of fieri facias or its underlying judgment is a lien, a suit may be brought in the name of the officer holding the writ, but that officer need not bring it without an indemnity bond, though any interested person may sue in the officer’s name at that person’s own expense.
Full Text of § 8.01-497
Plain-English Summary
An execution lien is not always self-enforcing — sometimes recovering the underlying property or interest requires an actual lawsuit, whether at law or in equity. Section 8.01-497 designates who brings that suit: it proceeds in the name of the officer holding the writ of fieri facias, or in the name of another officer the court designates for the purpose.
That officer, however, is not obligated to shoulder the litigation personally. Before being bound to bring the suit, the officer can require bond, with sufficient surety, indemnifying against the expenses and costs the litigation might generate. That protection matters because the officer is acting as a nominal party on behalf of someone else’s financial interest, not pursuing a personal claim.
The section also opens the door for the real party in interest to move things along without waiting on the officer. Any person interested in the recovery may bring the suit in the officer’s name, at that person’s own expense, rather than depending on the officer to act first.
Frequently Asked Questions
In whose name is a suit to recover lien property brought under this section?
In the name of the officer to whom the writ was delivered, or another officer designated by court order.
Is the officer required to bring this kind of suit?
No officer is bound to bring the suit unless given bond, with sufficient surety, to indemnify against expenses and costs.
Can someone other than the officer initiate the suit?
Yes, any person interested may bring the suit at that person’s own cost, in the officer’s name.
Does this section cover property beyond what a levy directly reaches?
Yes, it covers estate on which the fieri facias is a lien under this chapter, as well as estate on which the underlying judgment is a lien under Chapter 17.
Can this suit be brought in equity as well as at law?
Yes, the suit may be maintained at law or in equity, as the case may require.
Amendment History
Code 1950, § 8-426; 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
Also known as: suit to enforce execution lien virginiaofficer indemnity bond lawsuit virginia execution8.01-497 virginia coderecover property subject to fieri facias lien virginia