Writs of Execution
General Information
Writs of Execution of Judgment are post-judgment legal processes, issued by the Clerk’s office at the request of a judgment creditor or other authorized person, commanding the Sheriff to help the judgment creditor enforce his judgment by doing the things described in the writ.
Fees:
- Clerk’s Fee - $1.50
- Sheriff’s Fee - $25 for the first defendant, $12 for each subsequent defendant
Information on acceptable forms of payment can be found online.
At the request of the judgment creditor, or other authorized person, the Clerk may give the service copies of the writ to the judgment creditor, to give to the Sheriff in whose bailiwick the writ will be executed.
Plaintiff must submit an original plus three copies of the writ. Writs must contain the name and telephone contact information of the requestor. In the case of a Writ of Fieri Facias (Fi Fa), you must also submit a "Request for Hearing/Exemption Claim" form DC-407 (PDF), (two pages or front and back) with the Court and case information filled in, again original plus three copies. It is not necessary to include the DC-407 with a Writ of Possession or Eviction.
Note: All forms must be printed legibly in black ink or typed
The District Court has exclusive jurisdiction over the issuance of any writ of execution on any judgment rendered in its Court, within the ten year period of enforceability, per VA Code §16.1-94.1, even if an abstract has been docketed in the Circuit Court. If the abstract has been docketed in the Circuit Court, after ten years, the Circuit Court may issue execution or the General District Court may issue execution following receipt of a Circuit Court abstract of judgment in the General District Court.
If a District Court abstract is docketed in the Circuit Court, the limitation for the enforcement of that District Court judgment is extended to twenty years from the date of the original District Court judgment, regardless of the disposition of the documents in the District Court. See VA Code §16.1-69.55(B)(4).
Writs of Possession & Writ of Eviction
Writs of Possession - VA Code §8.01-470 and VA Code §8.01-472
Writ of Eviction VA Code §8.01-471
These writs are designed to help the plaintiff obtain property that, by the Court’s order, are to be turned over by the defendant to the plaintiff. There is no waiting period for an issuance of a Writ of Possession or Eviction.
Return of Specific Property
Return of Possession of Leased Real Estate After the Tenant Has Breached the Lease
Writ of Fieri Facias (Fi Fa)
This writ is designed to help a plaintiff obtain sufficient money out of the assets held by the defendant to pay a money judgment in favor of the plaintiff and against the defendant at the option of the plaintiff. Writs of Fi Fa may be issued after twenty-one days from the date of entry of the judgment, per VA Code §8.01-466, unless ordered by the Court.
Do not assign a previous law action number to any of the forms. Writs of Fi Fa are filed in the Clerk’s Office alphabetically by plaintiff, and reference the recorded judgment instrument number, not the case number.