In any case in which an officer, having an execution on behalf of the Commonwealth, shall decline levying it because of any previous conveyance, execution, or encumbrance, a return shall be made setting forth the nature of such conveyance, execution or encumbrance, in whose favor, and for what amount, and the court in which the conveyance or encumbrance is recorded, or from which the execution issued.
§ 8.01-215.Return of officer when sale not made because of prior encumbrance.
Chapter 3. Actions · Article 19. Actions by the Commonwealth · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-215 requires an officer who skips levying on property because of an earlier conveyance, execution, or encumbrance to file a detailed return describing that prior claim, who holds it, its amount, and where it is recorded or was issued.
Full Text of § 8.01-215
Plain-English Summary
Section 8.01-215 covers the situation where an officer holding a Commonwealth execution decides not to levy on particular property because someone else already has a competing claim on it — a previous conveyance, execution, or encumbrance. Rather than skipping the property with no explanation, the officer has to account for that decision.
The officer files a return that sets out the nature of the earlier conveyance, execution, or encumbrance; who holds the benefit of it; the amount involved; and the court in which it is recorded, or from which the earlier execution issued. That record lets the Commonwealth, and anyone reviewing the file later, see why the property was not reached and evaluate whether the prior claim was legitimate.
Frequently Asked Questions
Can an officer refuse to levy on property because someone else already has a claim on it?
Yes. Section 8.01-215 anticipates that an officer holding a Commonwealth execution may decline to levy because of a previous conveyance, execution, or encumbrance on the property.
What must the officer’s return say if he declines to levy?
It must set out the nature of the prior conveyance, execution, or encumbrance, who holds the benefit of it, the amount involved, and the court where it is recorded or from which it issued.
Why does the return need to identify the court where the prior claim is recorded?
So the Commonwealth and anyone reviewing the file can verify the prior claim exists and check its details, rather than taking the officer’s decision not to levy on faith.
Does this section apply only to real estate, or to goods and chattels too?
The section refers broadly to declining to levy because of a prior conveyance, execution, or encumbrance, without limiting itself to one type of property.
What is the purpose of requiring this detailed explanation?
It creates accountability for the officer’s decision not to levy, documenting the reason on the record instead of leaving the Commonwealth’s collection effort to stop without explanation.
Amendment History
Code 1950, § 8-778; 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
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