How much can a Virginia sheriff charge for serving a writ of possession or fieri facias?

Plain-English summary

Portsmouth Sheriff Bill Watson asked the AG for a clean read on what § 17.1-272 lets him charge for various civil process services. The AG provided concrete numbers.

For writs of fieri facias and writs of fieri facias in detinue (collection writs that direct the sheriff to seize property to satisfy a judgment): the fee is $12 per person served. This is the standard default fee under § 17.1-272(A)(1) for service of any civil process.

For writs of possession (used to evict a tenant or otherwise put someone in possession of premises): the fee is $25 for "process and service." When more than one defendant must be served, the sheriff may charge an additional $12 per additional defendant. So for a single-defendant writ of possession, the total is $25; for a two-defendant writ, $37; and so on.

There's a wrinkle the AG flagged. Virginia Form CC-1478, issued by the Supreme Court of Virginia, packages a writ of possession and a writ of fieri facias in detinue into a single document, meant to be served and executed simultaneously. When the combined form is used, the fee for the writ of fieri facias in detinue is subsumed within the writ-of-possession fee. The fieri facias fee comes back into play only if that writ is served alone, separate from the writ of possession.

Currency note

This opinion was issued in 2010. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Section 17.1-272 has been amended since 2010 and the dollar amounts may have changed. Anyone looking up the current sheriff's fee for civil process should consult the current text of the statute.

Common questions

What is a writ of fieri facias?
A court-issued writ directing the sheriff to seize the defendant's personal property to satisfy a money judgment. "Fieri facias" is Latin for "cause to be made," meaning cause the judgment amount to be raised from the defendant's property.

What's a writ of fieri facias "in detinue"?
A writ that allows the sheriff to recover specific personal property (as opposed to just any property worth the judgment amount). Often used alongside an eviction (writ of possession) when the landlord wants both the premises back and specific items returned.

Why is the writ-of-possession fee higher than the fieri facias fee?
The opinion doesn't explain the rationale; it just sets the fees the statute prescribes. As a practical matter, writs of possession typically involve more work (posting notices and physically putting an occupant out) than serving a collection writ.

When does the multi-defendant surcharge apply?
When the writ of possession names more than one defendant and the sheriff has to serve each separately. Each additional defendant after the first adds $12. A writ naming three defendants would generate $25 + $12 + $12 = $49.

Background and statutory framework

The fee statute:

• § 17.1-272(A)(1). Default fee of $12 for "service on any person, firm or corporation, an order, notice, summons or any other civil process."
• § 17.1-272(B). $25 fee for "process and service" of a writ of possession, with an additional $12 for each additional defendant.

The combined-form practice:

• Virginia Form CC-1478 packages a writ of possession and a writ of fieri facias in detinue into one document.
• When used together: $25 (writ of possession fee) covers both, plus $12 per additional defendant.
• When the writ of fieri facias in detinue is served alone: $12 per person served, the default fee.

Citations

• Va. Code § 2.2-505
• Va. Code Ann. § 17.1-272
• Virginia Form CC-1478 (Writs of Possession and Fieri Facias in Detinue)

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2010/10-109-Watson.pdf

Original opinion text

COMMONWEALTH of VIRGINIA
Office of the Attorney General
Kenneth T. Cuccinelli, II
Attorney General

November 24, 2010

The Honorable Bill Watson
Sheriff, City of Portsmouth
701 Crawford Street
Portsmouth, Virginia 23704-3888

Dear Sheriff Watson:

I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia.

Issue Presented

You inquire under § 17.1-272 what amount you may charge for serving and executing writs of possession, writs of fieri facias in detinue and fieri facias.

Response

It is my opinion that § 17.1-272 authorizes you to charge an initial fee of $25 for service of a writ of possession and to add $12 to that fee for each additional defendant who is served.

Applicable Law and Discussion

Section 17.1-272(A)(1) authorizes a fee of $12 for "service on any person, firm or corporation, an order, notice, summons or any other civil process." Therefore, the default fee established in the Code for service of papers is $12. Section 17.1-272(B) allows a $25 fee for "process and service" with respect to "service of a writ of possession, except that there shall be an additional fee of $12 for each additional defendant." Therefore, with respect to a writ of fieri facias, the fee is $12 for each person or entity served. The fee for service of a writ of possession is $25, but where an additional defendant must be served, an additional $12 fee may be charged. Therefore, when a single defendant is served with a writ of possession, the total fee is $25.

Virginia Form CC-1478 ("Writs of Possession and Fieri Facias in Detinue"), issued by the Supreme Court of Virginia, contains both the writ of possession and writ of fieri facias within one document, contemplates simultaneous service and alternative execution of the writs, and thus the service fee for the writ of fieri facias in detinue is subsumed within the fee for the writ of possession unless the writ of fieri facias in detinue is served alone in a particular case.

Conclusion

Accordingly, it is my opinion that the fee for process and service of a writ of fieri facias and fieri facias in detinue is $12 for each person served and the fee for service and process for a writ of possession is $25, with an additional fee of $12 for each additional defendant who is served.

With warmest regards, I am

Very truly yours,

Kenneth T. Cuccinelli, II
Attorney General