In a writ of fieri facias upon a judgment or decree against any person indebted or liable to the Commonwealth, or against any surety of his, after the words "we command you that of the," the clerk shall insert the words "goods, chattels, and real estate," and conform the subsequent part of such writ thereto. And under any writ so issued, real estate may be taken and sold.
§ 8.01-201.Execution; real estate to be sold.
Chapter 3. Actions · Article 19. Actions by the Commonwealth · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-201 directs the clerk to word a writ of fieri facias in a Commonwealth collection case to reach “goods, chattels, and real estate,” so the sheriff can seize and sell real property, not just personal property, to satisfy the judgment.
Full Text of § 8.01-201
Plain-English Summary
Section 8.01-201 changes the standard wording of a writ of fieri facias when the writ enforces a judgment or decree against someone indebted or liable to the Commonwealth, or against a surety. An ordinary fieri facias historically commanded the officer to seize goods and chattels. This section requires the clerk to insert the words “goods, chattels, and real estate” after the phrase “we command you that of the,” and to conform the rest of the writ to match.
That small drafting change carries a real consequence: under a writ issued this way, real estate — not just movable property — may be taken and sold to satisfy a debt owed to the Commonwealth. The following sections in this article build out exactly how that real estate levy and sale are supposed to happen.
Frequently Asked Questions
What is a writ of fieri facias in this context?
It is the execution writ used to enforce a judgment or decree against someone indebted or liable to the Commonwealth, directing an officer to seize property to satisfy the debt.
Can the Commonwealth reach a debtor’s real estate, not just personal property?
Yes. Section 8.01-201 requires the writ to specifically include real estate, not only goods and chattels, so it can be taken and sold under the writ.
What special wording does the clerk have to use in the writ?
The clerk inserts “goods, chattels, and real estate” after the command language and conforms the rest of the writ accordingly.
Does this apply to sureties as well as the primary debtor?
Yes. The section applies to a writ enforcing a judgment or decree against any person indebted or liable to the Commonwealth, or against that person’s surety.
How does this writ differ from an ordinary execution against a private debtor?
An ordinary fieri facias typically reaches only goods and chattels; this section expands the writ used in Commonwealth collection cases to expressly reach real estate as well.
Amendment History
Code 1950, § 8-764; 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: writ of fieri facias virginia commonwealthexecution against real estate virginia debtgoods chattels and real estate writ virginia8.01-201 explainedcommonwealth of virginia execution on land