§ 8.01-502.Person paying debtor not affected by lien unless notice given.
Chapter 18. Executions and Other Means of Recovery · Article 5. Lien on Property Not Capable of Being Levied On · Last amended 1996 · Last verified July 16, 2026
Full Text of § 8.01-502
Plain-English Summary
Section 8.01-501 creates a lien on money owed to a judgment debtor, but the person who owes that money has no way to know about a judgment they were never party to. Section 8.01-502 fixes that by requiring the creditor to give that payor real, formal notice before the lien can bind them.
The notice is not a casual letter. It must spell out who the judgment was against, who obtained it, the amount and costs, when it was recovered, when execution issued or was renewed, the writ’s return day, and when the writ reached the officer for execution. The judgment creditor or the creditor’s attorney must sign it personally, and an officer authorized to serve civil process must serve it on both the payor and the debtor.
Until that happens, the payor can pay the debtor directly and walk away clean — the lien does not reach them. This gives an employer owing a final paycheck, or a business owing an account payable, a clear line for knowing when it is on notice.
Frequently Asked Questions
What happens if a person pays the judgment debtor without receiving notice of the lien?
The payment is not affected by the lien, because the lien does not bind a payor until proper notice is given.
What must the notice contain?
Seven specific items: who the judgment was against, who obtained it, its amount and costs, the date recovered, the date execution issued or was renewed, the return day of execution, and the date the execution reached the officer.
Who can sign the notice?
Only the plaintiff (the judgment creditor) or the plaintiff’s attorney, and it must be signed personally.
Who must serve the notice?
An officer authorized to serve civil process, and it must be served on both the person making payment and the judgment debtor.
Does this section create the lien itself?
No. The lien is created by § 8.01-501; this section governs when that lien becomes binding on a third party who owes money to the debtor.
Amendment History
Code 1950, § 8-432; 1954, c. 615; 1977, c. 617; 1996, c. 1002.