§ 8.01-501.Lien of fieri facias on estate of debtor not capable of being levied on.
Chapter 18. Executions and Other Means of Recovery · Article 5. Lien on Property Not Capable of Being Levied On · Last amended 2006 · Last verified July 16, 2026
Full Text of § 8.01-501
Plain-English Summary
A fieri facias (fi fa) is the standard writ directing an officer to seize the debtor’s tangible property to satisfy a judgment. But some property can’t be physically grabbed — a bank account, a debt someone else owes the debtor, a right to payment. Section 8.01-501 extends the writ’s reach to that kind of property too, layering an additional lien on top of the levy lien created under §§ 8.01-478 and 8.01-479.
The lien attaches the moment the writ reaches the sheriff or other authorized officer, and it keeps grabbing new intangible property the debtor acquires right up through the writ’s return day — or, for a wage claim, the return day of the wage garnishment used to enforce it. It doesn’t reach property exempt under Title 34’s exemption statutes.
The lien has one built-in blind spot: someone who buys the intangible property from the debtor for value doesn’t lose it to the lien unless they knew about the lien when they made the purchase. That protects an arm’s-length buyer who had no reason to suspect a hidden judgment claim.
Frequently Asked Questions
What kind of property does the lien under § 8.01-501 cover?
It covers personal property not capable of being levied on physically — intangibles such as money owed to the debtor by others, accounts, and other choses in action — but not property exempt under Title 34.
When does this lien start and how long does it reach newly acquired property?
It attaches when the writ is delivered to the officer, and it reaches property the debtor becomes entitled to right up through the return day of the writ, or of any wage garnishment enforcing it.
Does the lien defeat someone who buys the property from the debtor?
No. A buyer who pays value for the property is protected unless he had notice of the lien at the time of the assignment.
Is exempt property covered by this lien?
No. Property exempt under Title 34 is excluded from the lien.
How does this lien relate to the lien under §§ 8.01-478 and 8.01-479?
It supplements those sections, adding a lien on the intangible property that can’t be physically levied on, in addition to the levy lien those sections create on property that can.
Amendment History
Code 1950, § 8-431; 1977, c. 617; 1996, c. 1002; 2006, c. 575.