Every writ of fieri facias shall, in addition to the lien it has under §§ 8.01-478 and 8.01-479 on what is capable of being levied on under those sections, be a lien from the time it is delivered to a sheriff or other officer, or any person authorized to serve process pursuant to § 8.01-293, to be executed, on all the personal estate of or to which the judgment debtor is, or may afterwards and on or before the return day of such writ or before the return day of any wage garnishment to enforce the same, become, possessed or entitled, in which, from its nature is not capable of being levied on under such sections, except such as is exempt under the provisions of Title 34, and except that, as against an assignee of any such estate for valuable consideration, the lien by virtue of this section shall not affect him unless he had notice thereof at the time of the assignment.
Code 1950, § 8-431; 1977, c. 617; 1996, c. 1002; 2006, c. 575.
Notes of Decisions
Shifflett v. Latitude Props., Inc., 808 S.E.2d 182 (Va. 2017).
· cites it 18× “Debtors argued their expected 2015 income tax refunds were contingent interests in property not subject to a lien under Code § 8.01-501. In a letter opinion dated May 13, 2016, the circuit court ruled in favor of Creditors, finding that Debtors held a fixed property interest in…”
Marcus, Santoro & Kozak v. Hung-Lin Wu, 652 S.E.2d 777 (Va. 2007).
· cites it 17× “The circuit court determined that the lien of a writ of fieri facias under Code § 8.01-501 required the Firms to cease disbursing funds from their trust accounts in satisfaction of accrued legal fees and related costs and to pay those funds to a judgment creditor effective with…”
Network Solutions, Inc. v. Umbro Int'l, Inc., 529 S.E.2d 80 (Va. 2000).
· cites it 8× “When property of a judgment debtor is not capable of being levied on, as in the case of intangible personal property, such property is nevertheless subject to the execution lien upon delivery of the writ to a sheriff or other officer.”
Pischke v. Murray (In Re Pischke), 11 B.R. 913 (Bankr. E.D. Va. 1981).
· cites it 4× “These defendants contend further that a charging order is unnecessary to perfect a lien on a partnership interest under Virginia law, since for purposes of perfection the partnership interest is treated as an intangible and, hence, is considered perfected pursuant to Virginia…”
Virginia Nat'l Bank v. Blofeld, 362 S.E.2d 692 (Va. 1987).
· cites it 6× “Code § 8.01-501, as pertinent here, states that: “Every writ of fieri facias shall, in addition to the lien it has under §§ 8.”
Canfield v. Simpson (In Re Jones), 47 B.R. 786 (Bankr. E.D. Va. 1985).
· cites it 6× “Va. Code § 8.01-501 (Repl.Vol.1984); see also In the Matter of Acorn Electric Supply, Inc.”
Dorer v. Arel, 60 F. Supp. 2d 558 (E.D. Va. 1999).
· cites it 6× “Va.Code § 8.01-501. 4 Although the matter is not contested by the absent defaulting defendant, plaintiffs’ request for a writ of fieri facias raises a number of problematic issues.”
Int'l Fid. Ins. v. Ashland Lumber Co., 463 S.E.2d 664 (Va. 1995).
· cites it 4× “3 “against the background of [Code § 8.01-501]”). The writ of fieri facias creates a lien in favor of the judgment creditor only to the extent that the judgment debtor has a possessory interest in the intangible property subject to the writ.”
Eanes v. Shepherd, 33 B.R. 984 (W.D. Va. 1983).
· cites it 7× “647 (1902), specifically excluded contingent claims as property subject to the lien under Va.Code § 8.01-501 (1977 Repl.Vol.): “a debt which has a present existence, although payable in the future, may be subjected to a lien of fieri facias, but not a debt which rests upon a…”
In re Andrews, 210 B.R. 719 (Bankr. E.D. Va. 1997).
· cites it 29× “(citing Va.Code § 8.01-501). Though extending “throughout the limits of the Commonwealth,” Va.”
Harris v. Bailey, 574 F. Supp. 966 (W.D. Va. 1983).
· cites it 3× “See Va.Code §§ 8.01-501, 511. The summons is returnable within ninety days.”
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