Whoever causes to be served a notice of lien of a writ of fieri facias without there being a judgment against the defendant named therein, shall pay to him the sum of $350, and whoever serves a notice of lien of a writ of fieri facias before the issuance of a writ of fieri facias, or after the return day thereof, or serves or in any way gives a notice of a lien of fieri facias by means other than by service by an officer authorized to serve civil process, shall pay to the named defendant the sum of $350, to be recoverable as damages in an action at law, in addition to whatever damages may be alleged and proven.
§ 8.01-504.Penalty for service of notice of lien when no judgment exists.
Chapter 18. Executions and Other Means of Recovery · Article 5. Lien on Property Not Capable of Being Levied On · Last amended 2010 · Last verified July 16, 2026
In one sentenceImposes a $350 penalty, payable to the wrongly named party and recoverable in an action at law on top of any other proven damages, on anyone who serves a fi fa lien notice without an underlying judgment, before the writ issues, after its return day, or by any method other than service by an officer authorized to serve civil process.
Full Text of § 8.01-504
Plain-English Summary
The lien-notice tool created in §§ 8.01-501 and 8.01-502 is powerful — it can chill someone’s willingness to pay a debtor money. Section 8.01-504 discourages abuse of that tool with a flat penalty.
Serve a notice of lien of a fi fa when there is no judgment behind it at all, and the person pays $350 to the party wrongly named. The same $350 penalty applies to serving the notice too early, before the writ of fieri facias even issued, too late, after the writ’s return day, or through the wrong channel — anything other than service by an officer authorized to serve civil process.
The $350 is not a ceiling. It comes in addition to whatever other damages the wronged party can allege and prove, so a debtor harmed by a bogus or improperly served notice can pursue both the statutory penalty and real losses in the same action at law.
Frequently Asked Questions
What triggers the $350 penalty under this section?
Serving a notice of lien of fi fa with no underlying judgment, or before the writ issued, or after its return day, or by an improper method of service.
Who receives the $350 penalty payment?
The named defendant — the person wrongly subjected to the notice.
Can the wronged party recover more than $350?
Yes. The $350 comes in addition to whatever other damages may be alleged and proven.
How must a valid notice of lien be served?
By an officer authorized to serve civil process; service by any other means triggers the penalty.
How is the $350 penalty recovered?
As damages in an action at law.
Amendment History
Code 1950, § 8-433; 1977, c. 617; 2010, c. 343.
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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