2026 SESSION
INTRODUCED
26104787D
HOUSE BILL NO. 1426
Offered January 22, 2026
A BILL to amend and reenact §§ 8.01-251, 16.1-69.55, and 16.1-94.1 of the Code of Virginia, relating to limitations on enforcement of judgments; docketing of general district court judgments in the circuit court.
—————
Patron—Simon
—————
Referred to Committee for Courts of Justice
—————
Be it enacted by the General Assembly of Virginia:
1. That §§ 8.01-251, 16.1-69.55, and 16.1-94.1 of the Code of Virginia are amended and reenacted as follows:
§ 8.01-251. Limitations on enforcement of judgments.
A. No execution shall be issued and no action brought on a judgment dated, extended, or renewed, prior to July 1, 2021, including a judgment in favor of the Commonwealth and a judgment rendered in another state or country, after 20 years from the date of such judgment or domestication of such judgment or 20 years from the date of such extension or renewal of such judgment, whichever is later, unless the period is extended as provided in this section. No execution shall be issued and no action brought on a judgment dated on or after July 1, 2021, including a judgment in favor of the Commonwealth and a judgment rendered in another state or country, after 10 years from the date of such judgment or domestication of such judgment, unless the period is extended as provided in this section, except that no execution shall be issued and no action brought on a judgment dated on or after July 1, 2021, that was created by nonpayment of child support after 20 years from the date of such judgment or domestication of such judgment.
B. The limitation prescribed in subsection A may be extended by the recordation of a certificate in the form provided in subsection G prior to the expiration of the limitation period prescribed herein in the clerk's office in which such judgment is recorded and executed by either the judgment creditor or his assignee or by the judgment creditor's or his assignee's attorney or authorized agent. Recordation of the certificate shall extend the limitations period of the right to enforce such judgment for 10 years from the date of the recordation of the certificate. A judgment creditor or his assignee may record one additional extension by recording another certificate in the form provided in subsection G prior to the expiration of the original 10-year extension of the limitation period, which shall extend the limitations period of the right to enforce such judgment for 10 years from the date of recordation of the second certificate.
The clerk of the court shall index the certificate in both names in the index of the judgment lien book and give reference to the book and page in which the original lien is recorded. This procedure is subject to the exception that if the action is against a personal representative of a decedent, the motion shall be within two years from the date of his qualification, the extension may be for only two years from the time of the recordation of the certificate, and there may be only one such extension.
C. No suit shall be brought to enforce the lien of any judgment, including judgments in favor of the Commonwealth, upon which the right to issue an execution or bring an action is barred by other subsections of this section, nor shall any suit be brought to enforce the lien of any judgment against the lands that have been conveyed by the judgment debtor to a grantee for value, unless the same be brought within five years from the due recordation of the deed from such judgment debtor to such grantee and unless a notice of lis pendens shall have been recorded in the manner provided by § 8.01-268 before the expiration of such five-year period.
D. In computing the time, any time during which the right to sue out execution on the judgment is suspended by the terms thereof, or by legal process, shall be omitted. §§ 8.01-230 et seq., 8.01-247 and 8.01-256 shall apply to the right to bring such action in like manner as to any right.
E. This section shall not be construed to impair the right of subrogation to which any person may become entitled while the lien is in force, provided that he institutes proceedings to enforce such right within five years after the same accrued, nor shall the lien of a judgment be impaired by the recovery of another judgment thereon, or by a forthcoming bond taken on an execution thereon, such bond having the force of a judgment.
F. Limitations on enforcement of judgments entered in the general district courts shall be governed by § 16.1-94.1, unless. For judgments entered in a general district court prior to July 1, 2026, if an abstract of such judgment is docketed in the judgment book of a circuit court. Upon docketing such judgment, such judgment shall be treated as a judgment entered by the circuit court and may be extended in the same manner as a judgment entered by the circuit court, although the original date of entry of the judgment shall remain the date that was entered by the general district court. For judgments entered in a general district court on or after July 1, 2026, the 10-year limitation period specified by § 16.1-94.1 shall apply regardless of whether an abstract of such judgment is docketed in the judgment book of a circuit court.
G. Any extension of the limitations of the right to enforce a judgment shall conform substantially with the following form:
CERTIFICATE OF EXTENSION OF LIMITATION OF RIGHT TO ENFORCE JUDGMENT LIEN
Place of Record ______________________________________________________
Date Judgment Docketed _______________________________________________
Judgment Lien Book __________________ Book Page __________________
Name of Judgment Creditor(s) or Assignee(s) _______________________________
Address of Judgment Creditor(s) or Assignee(s) _____________________________
Phone number of Judgment Creditors(s) or Assignee(s) (if available)
____________________________________________________________________
Name of Judgment Creditor(s) or Assignee(s)' attorney or agent
____________________________________________________________________
Address of Creditor(s) or Assignee(s)' attorney or agent
____________________________________________________________________
Name of Debtor(s)
____________________________________________________________________
I/we, the undersigned [ ] judgment creditor(s) [ ] agent of judgment creditor(s) [ ] attorney for judgment creditor(s), do hereby certify that the aforementioned judgment lien be extended 10 years from the date of my/our endorsement upon this certificate.
[ ] Judgment creditor(s) or assignee(s) [ ] agent of judgment creditor(s) or assignee(s) [ ] attorney for judgment creditor(s) or assignee(s): ________________________________
Commonwealth of Virginia
County/City of ____________________
Subscribed, sworn to and acknowledged before me by
_______________, this _____ day of ________, 20 _____
My Commission expires: ____________________
Notary Public: ____________________
§ 16.1-69.55. Retention of case records; limitations on enforcement of judgments; extensions.
A. Criminal and traffic infraction proceedings:
1. In misdemeanor and traffic infraction cases, except misdemeanor cases under § 16.1-253.2, 18.2-57.2, or 18.2-60.4, all documents shall be retained for 10 years, including cases sealed in expungement proceedings under § 19.2-392.2. In misdemeanor cases under § 16.1-253.2, 18.2-57.2, or 18.2-60.4, all documents shall be retained for 20 years. In misdemeanor cases under §§ 18.2-67.4, 18.2-67.4:1, 18.2-67.4:2, 18.2-346, 18.2-346.01, 18.2-347, 18.2-348, 18.2-349, 18.2-370, 18.2-370.01, 18.2-374, 18.2-386.1, 18.2-387, and 18.2-387.1, all documents shall be retained for 50 years. Documents in misdemeanor and traffic infraction cases for which an appeal has been made shall be returned to and filed with the clerk of the appropriate circuit court pursuant to § 16.1-135;
2. In felony cases that are certified to the grand jury, all documents shall be certified to the clerk of the appropriate circuit court pursuant to §§ 19.2-186 and 19.2-190. All other felony case documents shall be handled as provided in subdivision 1;
3. Dockets and indices shall be retained for 10 years.
B. Civil proceedings:
1. All documents in civil proceedings in district court that are dismissed, including dismissal under § 8.01-335, shall be retained until completion of the Commonwealth's audit of the court records. Notwithstanding § 8.01-275.1, the clerks of the district courts may destroy documents in civil proceedings in which no service of process is had 24 months after the last return date;
2. In civil actions that result in a judgment, all documents in the possession of the general district court shall be retained for 10 years and, unless sooner satisfied, the judgment shall remain in force for a period of 10 years;
3. In civil cases that are appealed to the circuit court pursuant to § 16.1-112, all documents pertaining thereto shall be transferred to the circuit court in accordance with those sections;
4. The For judgments entered in a general district court before July 1, 2026, the limitations on enforcement of general district court judgments provided in § 16.1-94.1 shall not apply if the plaintiff, prior to the expiration of that period for enforcement, pays the circuit court docketing and indexing fees on judgments from other courts together with any other required filing fees and dockets the judgment in the circuit court having jurisdiction in the same geographic area as the general district court. However, a For judgments entered in a general district court on or after July 1, 2026, the 10-year limitation period specified by § 16.1-94.1 shall apply regardless of whether the plaintiff, prior to the expiration of that period for enforcement, pays the circuit court docketing and indexing fees on judgments from other courts together with any other required filing fees and dockets the judgment in the circuit court having jurisdiction in the same geographic area as the general district court. A judgment debtor wishing to discharge a judgment pursuant to the provisions of § 8.01-456, when the judgment creditor cannot be located, may, prior to the expiration of that period for enforcement, pay the circuit court docketing and indexing fees on judgments from other courts together with any other required filing fees and docket the judgment in the circuit court having jurisdiction in the same geographic area as the general district court. After the expiration of the period provided in § 16.1-94.1, executions on such docketed civil judgments may issue from the general district court wherein the judgment was obtained upon the filing in the general district court of an abstract from the circuit court. In all other respects, the docketing of a general district court judgment in a circuit court confers upon such judgment the same status as if the judgment were a circuit court judgment;
5. Dockets for civil cases shall be retained for 10 years;
6. Indices in civil cases shall be retained for 10 years.
C. Juvenile and domestic relations district court proceedings:
1. In adult criminal cases, all records shall be retained as provided in subdivision A 1;
2. In juvenile cases, all documents and indices shall be governed by the provisions of § 16.1-306;
3. In all cases involving support arising under Title 16.1, 20, or 63.2, all documents and indices shall be retained until the last juvenile involved, if any, has reached 19 years of age and 10 years have elapsed from either dismissal or termination of the case by court order or by operation of law. Financial records in connection with such cases shall be subject to the provisions of § 16.1-69.56;
4. In all cases involving sexually violent offenses, as defined in § 37.2-900, and in all misdemeanor cases under §§ 18.2-67.4, 18.2-67.4:1, 18.2-67.4:2, 18.2-346, 18.2-346.01, 18.2-347, 18.2-348, 18.2-349, 18.2-370, 18.2-370.01, 18.2-374, 18.2-386.1, 18.2-387, and 18.2-387.1, all documents shall be retained for 50 years;
5. In cases transferred to circuit court for trial as an adult or appealed to circuit court, all documents pertaining thereto shall be transferred to circuit court;
6. All dockets in juvenile cases shall be governed by the provisions of subsection F of § 16.1-306.
D. At the direction of the chief judge of a district court, the clerk of that court may cause any or all papers or documents pertaining to civil and criminal cases that have been ended to be destroyed if such records, papers, or documents will no longer have administrative, fiscal, historical, or legal value to warrant continued retention, provided such records, papers, or documents have been microfilmed or converted to an electronic format. Such microfilm and microphotographic processes and equipment shall meet state archival microfilm standards pursuant to § 42.1-82, or such electronic format shall follow state electronic records guidelines, and such records, papers, or documents so converted shall be placed in conveniently accessible files and provisions made for examining and using the same. The provisions of this subsection shall not apply to the documents for misdemeanor cases under §§ 16.1-253.2, 18.2-57.2, 18.2-60.4, 18.2-67.4, 18.2-67.4:1, 18.2-67.4:2, 18.2-346, 18.2-346.01, 18.2-347, 18.2-348, 18.2-349, 18.2-370, 18.2-370.01, 18.2-374, 18.2-386.1, 18.2-387, and 18.2-387.1, which shall be retained as provided in subsection A.
§ 16.1-94.1. Limitations on enforcement of district court judgments.
For judgments entered in a general district court on or after January 1, 1985, no execution shall be issued or action brought on such judgment, including a judgment in favor of the Commonwealth, after ten 10 years from the date of such judgment except as provided in § 16.1-69.55 B 4. However, for judgments entered in a general district court on or after January 1, 1985, and before July 1, 2026, the provisions of this section shall not apply if the plaintiff, prior to the expiration of the period for enforcement pursuant to this section, pays the circuit court docketing and indexing fees on judgments from other courts together with any other required filing fees and dockets the judgment in the circuit court having jurisdiction in the same geographic area as the general district court.