§ 8.01-465.4.Stay of enforcement.
Chapter 17.1. Uniform Enforcement of Foreign Judgments Act · Last amended 2000 · Last verified July 16, 2026
Full Text of § 8.01-465.4
Plain-English Summary
Filing a foreign judgment does not strip a debtor of the right to protect an appeal already underway. This section gives two overlapping paths to a stay. Under the first, a debtor who shows the appeal from the foreign judgment is pending or coming, or that a stay of execution was already granted where the judgment was rendered, gets a mandatory stay in Virginia — once the debtor furnishes the same security the rendering state required.
The second path looks to Virginia's own rules instead of the rendering state's. If the debtor shows any ground on which a Virginia judgment would be stayed, including a pending or prospective appeal, the court must stay enforcement for an appropriate period, this time requiring the security Virginia itself would demand, subject to subsections J and K of § 8.01-676.1.
Either way, the word the section uses is “shall,” not “may.” Once a debtor meets the showing and posts the required security, the stay is not discretionary — it protects the appeal while making sure the creditor is not left holding an unsecured, unenforceable judgment in the meantime.
Frequently Asked Questions
What must a debtor show to get a stay under the first path in this section?
That an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, plus proof that the debtor furnished the security for satisfaction of the judgment that the rendering state required.
What must a debtor show under the second path?
Any ground on which enforcement of a Virginia court judgment would be stayed, including that an appeal from the foreign judgment is pending or will be taken or that the time to appeal has not expired, plus the security Virginia would require.
Is the court required to grant the stay once the debtor makes the required showing?
Yes, the section says the court “shall stay” enforcement once the requirements are met, a mandatory duty rather than a discretionary choice.
How long does a stay under this section last?
Under the first path, until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated; under the second, for an appropriate period until all available appeals are concluded or the time for taking them has expired.
What Virginia statute governs the security requirement under the second path?
Subsections J and K of § 8.01-676.1.
Amendment History
1988, c. 539; 2000, c. 100.