Judgments against the same person shall, as among themselves, attach to his real estate, and be payable thereout in the order of the priority of the lien of such judgments, respectively.
§ 8.01-459.Priority of judgments.
Chapter 17. Judgments and Decrees Generally · Article 7. Lien and Enforcement Thereof · Last amended 1977 · Last verified July 16, 2026
In one sentenceWhen more than one judgment is entered against the same person, the judgments attach to and are paid out of his real estate in the order that each judgment’s lien had priority, so the earliest-attaching lien is satisfied first.
Full Text of § 8.01-459
Plain-English Summary
Section 8.01-459 answers a question that becomes important the moment a debtor’s real estate is not worth enough to pay off every judgment against him: who gets paid first? The rule is priority by attachment. Judgments against the same person attach to his real estate, as among themselves, in the order of the priority of each judgment’s lien.
Because § 8.01-458 ties that priority to when each judgment was recorded on the judgment lien docket, the practical effect is first-in-time, first-in-right: whichever judgment lien attached earliest gets paid out of the real estate before a later-attaching judgment against that same debtor, all else being equal.
Frequently Asked Questions
How is priority determined among several judgments against the same debtor?
By the priority of the lien of each judgment — they attach to and are paid out of the debtor’s real estate in that order.
Does the size of a judgment affect its priority over other judgments?
No, the section ties priority to the lien’s priority, not to the amount of the judgment.
What determines when a particular judgment’s lien has priority over another?
Its priority is set by when that judgment’s lien attached, which under § 8.01-458 depends on when it was recorded on the judgment lien docket.
Does this section apply to judgments against different debtors?
No, by its terms it addresses judgments against the same person as among themselves.
What happens if real estate is insufficient to pay all judgments against the debtor?
The judgments are paid out of the real estate in the order of the priority of their liens, so earlier liens are satisfied before later ones.
Amendment History
Code 1950, § 8-387; 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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