Code of Virginia - Title 8.01 Civil Remedies And Procedure - Chapter 20 Attachments And Bail In Civil Cases

8.01-533 Who may sue out attachment
If any person has a claim, legal or equitable, to (i) any specific personal property, (ii) any debt, including rent, whether the debt is due ...

8.01-534 Grounds of action for pretrial levy or seizure of attachment
A. It shall be sufficient ground for an action for pretrial levy or seizure or an attachment that the principal defendant or one of the ...

8.01-535 Jurisdiction of attachments; trial or hearing of issues
Except as provided in § 16.1-77 the jurisdiction of attachments under this chapter shall be in the circuit courts. The trial or hearing of the ...

8.01-536 Pleadings in attachment
No pleading on behalf of the plaintiff shall be necessary except the petition mentioned in § 8.01-537. The principal defendant, and any other defendant who ...

8.01-537 Petition for attachment; costs, fees and taxes
A. Every attachment shall be commenced by a petition filed before a judge or clerk of a circuit or general district court of, or magistrate ...

8.01-537.1 Plaintiff to file bond
A. The plaintiff or someone for him shall, at the time of suing out an attachment or other pretrial levy or seizure, give bond. The ...

8.01-538 Attachment of ships, boats and other vessels of more than twenty tons
No attachment against any ship, boat, or other vessel of more than twenty tons, shall issue unless the plaintiff or someone in his behalf, shall ...

8.01-539 Who made defendants
A person against whom the plaintiff is asserting the claim shall be made a defendant to the petition, and shall be known as a principal ...

8.01-540 Issuance of attachment; against what attachment to issue
A judge of, or a magistrate serving, the court in which a petition for attachment is filed shall make an ex parte review of the ...

8.01-541 To whom attachments directed; when and where returned
Any attachment issued under this chapter may be directed to the sheriff of any county or city. Except when otherwise provided, it shall be returnable ...

8.01-542 Issue and execution of attachment on any day
Such attachment may be issued or executed on any day, including a Sunday or holiday. (Code 1950, § 8-529; 1977, c. 617.) ...

8.01-543 Issue of other attachments on original petition
Upon the written application of the plaintiff, his agent or attorney, other attachments founded on the original petition may be issued from time to time ...

8.01-544 When attachment not served other attachments may issue; order of publication
When an attachment is returned not served on a principal defendant, whether levied on property or not, further attachments and summonses may be issued until ...

8.01-545 Amendments; formal defects
Such amendments shall be allowed of the petition, answer and of any of the other proceedings in the attachment as shall be conducive to the ...

8.01-546 What attachment to command; summons
Every attachment sued out against specific personal property shall command the sheriff or other officer to whom it may be directed to attach the specific ...

8.01-546.1 Exemption claims form
The form for requesting a hearing or a claim for exemption from levy or seizure shall be designed by the Supreme Court and provided to ...

8.01-546.2 Hearing on claim of exemption from levy or seizure
A judgment debtor shall have the right to a hearing on his claim of exemption from levy or seizure. If a defendant files a request ...

8.01-547 Attachment against remainders
If the attachment be against a principal defendant who is a nonresident or an absconding debtor, the attachment may also direct the sheriff or other ...

8.01-548 Who may levy attachment and on what
An attachment may be levied upon any estate of the defendant, whether the same be in the county or city in which the attachment issued, ...

8.01-549 Restraining order or receiver
The court may interpose by a restraining order, or the appointment of a receiver, or otherwise, to secure the forthcoming of the specific property sued ...

8.01-550 How attachment levied
An attachment may be levied as follows: On tangible personal property in possession of a principal defendant, whether such possession be actual or constructive, it ...

8.01-551 When officer to take possession of property
If so requested by the plaintiff in his petition, the officer to whom the attachment is directed shall take possession of the property specified in ...

8.01-552 Description unavailable
Repealed by Acts 1984, c. 646. ...

8.01-553 Bonds for retention of property or release of attachment; revising bonds mentioned in this and { ...
Any property levied on or seized as aforesaid, under any attachment, may be retained by or returned to the defendant or other person in whose ...

8.01-554 Where bond returned and filed; exceptions to bond
Every such bond shall be returned by the officer to and filed by the clerk of the court in which the attachment is pending, or ...

8.01-555 When appeal bond given property to be delivered to owner
When judgment in favor of the plaintiff is rendered by a general district court in any case in which an attachment is issued and on ...

8.01-556 Bonds may be given by any person
Any bond authorized or required by any section of this chapter may be given either by the party himself or by any other person. (Code ...

8.01-557 Lien of attachment; priority of holder in due course
The plaintiff shall have a lien from the time of the levying of such attachment, or serving a copy thereof as aforesaid, upon the personal ...

8.01-558 Attachment lien on effects already in hands of officer
When an officer has in his possession or custody money or effects of the defendant held under an attachment executed, or other legal process, a ...

8.01-559 Return by officer
The officer levying the attachment shall show in his return the time, date and manner of the service, or execution thereof, on each person and ...

8.01-560 How interest and profits of property applied in certain cases
When any attachment is sued out, although the property or estate attached be not seized, the interest and profits thereof pending the attachment and before ...

8.01-561 How property to be kept; how sold, when expensive to keep or perishable
Any property seized under any attachment and not sold before judgment shall be kept in the same manner as similar property taken under execution. But ...

8.01-562 Examination on oath of codefendant; order and bond
A defendant who at the time of service of the attachment was alleged to be indebted to a principal defendant, or had in his possession ...

8.01-563 Principal defendant may claim exemption
The principal defendant, if a householder or head of a family, may claim that the amount so found owing from his codefendant, or the personal ...

8.01-564 Procedure when codefendant fails to appear
If the attachment be served on a defendant who the petition alleges is indebted to, or has in his possession effects of, the principal defendant, ...

8.01-565 Suggestion that codefendant has not made full disclosure
When it is suggested by the plaintiff in any attachment that a codefendant has not fully disclosed the debts owing by him, or effects in ...

8.01-566 Who may make defense to attachment
Any of the defendants in any such attachment, or any party to any forthcoming bond given as aforesaid, or the officer who may be liable ...

8.01-567 What defense may be made to attachments
Any party in interest may show that the court is without jurisdiction to hear and determine the controversy. The principal defendant, if not served with ...

8.01-568 Quashing attachment or rendering judgment for defendant
The court in which an attachment is pending shall, on motion of the principal defendant, or any defendant claiming title to, an interest in, or ...

8.01-569 When petition dismissed; when retained and cause tried
If the principal defendant has not appeared generally, nor been served with process, and the sole ground of jurisdiction of the court is the right ...

8.01-570 Judgment, etc., of court when claim of plaintiff established
If the claim of the plaintiff be established, judgment shall be rendered for him, and the court shall dispose of the specific property levied on, ...

8.01-571 When defendant not served fails to appear plaintiff required to give bond
If the principal defendant has not appeared or been served with a copy of the attachment ten days before the judgment therein mentioned, the plaintiff ...

8.01-572 Sale of real estate attached
No real estate shall be sold until all other property and money subject to the attachment have been exhausted, and then only so much thereof ...

8.01-573 How and when claims of other persons to property tried
Any person may file his petition at any time before the property attached as the estate of a defendant is sold or the proceeds of ...

8.01-574 Attachments in connection with pending suits or actions
If an attachment be desired in connection with a pending suit or action, a petition for an attachment may be filed in the same court ...

8.01-575 Rehearing permitted when judgment rendered on publication
If a defendant, against whom, on publication, judgment is rendered under any attachment, or his personal representative, shall return to or appear openly in this ...

8.01-576 Order of court on rehearing or new trial; restitution to defendant
On any rehearing or new trial had under § 8.01-575, the court may order the plaintiff in the original attachment to restore any money paid ...