Jurisdiction to enforce the lien of a judgment shall be in equity. If it appear to the court that the rents and profits of all real estate subject to the lien will not satisfy the judgment in five years, the court may decree such real estate, or any part thereof, to be sold, and the proceeds applied to the discharge of the judgment.
§ 8.01-462.Jurisdiction of equity to enforce lien of judgment; when it may decree sale.
Chapter 17. Judgments and Decrees Generally · Article 7. Lien and Enforcement Thereof · Last amended 1977 · Last verified July 16, 2026
In one sentenceEquity courts have jurisdiction to enforce the lien of a judgment, and if the rents and profits from all the real estate subject to the lien will not pay off the judgment within five years, the court may order the real estate, or part of it, sold and the proceeds applied to the judgment.
Full Text of § 8.01-462
Plain-English Summary
A judgment lien is a claim against real estate, but converting that claim into money can require a court’s help beyond docketing the judgment. Section 8.01-462 assigns that job to equity — jurisdiction to enforce the lien of a judgment lies in equity, not at law.
The equity court is not required to force a sale in every case. It steps in when the passive route will not work fast enough: if the court finds that the rents and profits from all the real estate subject to the lien will not satisfy the judgment within five years, it may decree that real estate, or any part of it, sold, applying the proceeds to pay down the judgment.
Frequently Asked Questions
Which type of court has jurisdiction to enforce a judgment lien?
Equity courts — jurisdiction to enforce the lien of a judgment is in equity.
When may a court order real estate subject to a judgment lien sold?
When it appears that the rents and profits of all the real estate subject to the lien will not satisfy the judgment within five years.
Must all of the real estate be sold, or can the court order a partial sale?
The court may decree the real estate, or any part of it, sold.
What happens to the proceeds of a sale ordered under this section?
They are applied to the discharge of the judgment.
Is a sale automatic once a judgment lien exists?
No, a sale requires the court to find that rents and profits will not satisfy the judgment within five years.
Amendment History
Code 1950, § 8-391; 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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