reglab/housing_qa huggingface dataset:
VA Code § 8.01-551 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20 - Attachments and Bail in Civil Cases|§ 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 the attachment, or when no such property is specified, of any estate or effects of the defendant, or so much thereof as is sufficient to pay the plaintiff's claim. But the officer levying the attachment shall, before taking possession of any property as aforesaid, make his certificate of the estimated fair market value of the property on which the attachment is levied, and he shall not take possession of the same unless and until bond in conformance with § 8.01-537.1 based on the estimated fair market value of the property as so stated in his certificate is posted. The certificate shall be filed in the clerk's office of the court to which the attachment is returnable and the value so certified shall be subject to review by the court to which the attachment is returnable.Code 1950, § 8-538; 1973, c. 545; 1977, c. 617; 1984, c. 646; 1993, c. 841.
VA Code § 8.01-553 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20 - Attachments and Bail in Civil Cases|§ 8.01-553. Bonds for retention of property or release of attachment; revising bonds mentioned in this and § 8.01-551

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 possession it was on his giving bond, with condition to have the same forthcoming at such time and place as the court may require. In the alternative, the principal defendant may, by giving bond with condition to perform the judgment of the court, release from any attachment the whole of any estate attached. The bond in either case shall be taken by the officer serving the attachment, with surety, payable to the plaintiff, and in a penalty in the latter case either double the amount or value for which the attachment issued or double the value of the property on which the attachment was levied, at the option of the person giving it, and in the former, either double the amount of value for which the attachment issued or double the value of the property retained or returned, at the option of the person giving it. However, in the event the court shall consider that the amount of any bond required by this section or § 8.01-551 is excessive or inadequate, such court may, upon motion of any party in interest after reasonable notice to the opposite party if he can be found in the jurisdiction of the court or to his attorney of record, if any, fix the amount of such bond to conform to the equities of the case.Code 1950, § 8-540; 1977, c. 617; 1984, c. 646.
VA Code § 8.01-554 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20 - Attachments and Bail in Civil Cases|§ 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 to which the attachment is returnable, and the plaintiff may, within thirty days after the return thereof, file exceptions to the same, or to the sufficiency of the surety therein. If such exception be sustained, the court shall order the officer to file a good bond, with sufficient surety, to be approved by it, on or before a certain day to be fixed by the court. If he fail to do so, he and his sureties in his official bond shall be liable to the plaintiff as for a breach of such bond; but the officer shall have the same rights and remedies against the parties to any bonds so adjudged bad as if he were a surety for them.Code 1950, § 8-541; 1977, c. 617.
VA Code § 8.01-555 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20 - Attachments and Bail in Civil Cases|§ 8.01-555. (Effective until January 1, 2022) 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 appeal therefrom to a circuit court an appeal bond is given, with condition to prosecute the appeal with effect or pay the debt, interest, costs and damages, as well as the costs of the appeal, the officer, in whose custody any attached property is, shall deliver the same to the owner thereof. When an appeal is from a circuit court to the Supreme Court and an appeal bond is given pursuant to § 8.01-676.1, the officer having custody shall proceed in like manner.Code 1950, § 8-543; 1977, c. 617.
VA Code § 8.01-555 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20 - Attachments and Bail in Civil Cases|§ 8.01-555. (Effective January 1, 2022) 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 appeal therefrom to a circuit court an appeal bond is given, with condition to prosecute the appeal with effect or pay the debt, interest, costs and damages, as well as the costs of the appeal, the officer, in whose custody any attached property is, shall deliver the same to the owner thereof. When an appeal is from a circuit court to the Supreme Court and an appeal bond is given pursuant to § 8.01-676.1, the officer having custody shall proceed in like manner.Code 1950, § 8-543; 1977, c. 617.
VA Code § 8.01-556 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20 - Attachments and Bail in Civil Cases|§ 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 1950, § 8-544; 1977, c. 617.
VA Code § 8.01-557 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20 - Attachments and Bail in Civil Cases|§ 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 property of the principal defendant, when the same is in his possession, actual or constructive, and upon the personal property, choses in action, and other securities of such defendant in the hands of, or owing by a codefendant on whom it is so served; and on any real estate mentioned in such an endorsement by the officer on the attachment or summons as is prescribed by § 8.01-550, from the time of levy and service pursuant to such section. But a holder in due course of negotiable paper shall have priority over an attachment levied thereon.Code 1950, § 8-545; 1977, c. 617.
VA Code § 8.01-558 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20 - Attachments and Bail in Civil Cases|§ 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 delivery to such officer of an attachment under this chapter shall be deemed a levy thereof as to such money or effects, and constitute a lien thereon from the time of such delivery.Code 1950, § 8-546; 1977, c. 617.
VA Code § 8.01-559 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20 - Attachments and Bail in Civil Cases|§ 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 parcel of property, and also give a list and description of the property, if any, levied on under the attachment.Code 1950, § 8-547; 1954, c. 333; 1977, c. 617.
VA Code § 8.01-560 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20 - Attachments and Bail in Civil Cases|§ 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 judgment may be paid to the defendant, if the court deem it proper.Code 1950, § 8-548; 1977, c. 617.
VA Code § 8.01-561 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20 - Attachments and Bail in Civil Cases|§ 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 such as is expensive to keep or perishable may be sold by order of the court upon such terms as the court may direct. If the court directs that the sale may be made on credit, the court may order the sheriff to take a bond with sufficient surety, payable to the sheriff, for the benefit of the party entitled. Such bond shall be returned forthwith by the officer to the court.Code 1950, § 8-549; 1977, c. 617.
VA Code § 8.01-562 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20 - Attachments and Bail in Civil Cases|§ 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 personal property belonging to such principal defendant, shall appear in person and submit to an examination on oath touching such debt or personal property, or he may, with the consent of the court, after reasonable notice to the plaintiff, file an answer in writing under oath, stating whether or not he was so indebted, and if so, the amount thereof and the time of maturity, or whether he had in his possession any personal property belonging to such principal defendant and, if so, the nature and value thereof. If it appear on such examination or by his answer that at the time of the service of the attachment, he was indebted to the principal defendant, or had in his possession or control any goods, chattels, money, securities or other effects belonging to such defendant, the court may order him to pay the amount so owing by him, or to deliver such effects to the sheriff, or other person designated by the court to receive the same; or such defendant may, with the leave of the court, give bond with sufficient security, payable to such person and in such penalty as the court shall prescribe, with condition to pay the amount owing by him, and have such effects forthcoming, at such time and place as the court may thereafter require. An answer under oath under this section shall be deemed prima facie to be true.Code 1950, § 8-550; 1977, c. 617.
VA Code § 8.01-563 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20 - Attachments and Bail in Civil Cases|§ 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 property in his possession, shall be exempt from liability for the plaintiff's claim; and if it shall appear that the principal defendant is entitled to such exemption, then the court shall render a judgment against the defendant only for the excess, if any, beyond the exemption to which the principal defendant is entitled.Code 1950, § 8-551; 1977, c. 617.
VA Code § 8.01-564 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20 - Attachments and Bail in Civil Cases|§ 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, and he fail to appear, the court may either compel him to appear, or hear proof of any debt owing by him, or of effects in his hands belonging to a principal defendant in such attachment, and make such orders in relation thereto as if what is so proved had appeared on his examination.Code 1950, § 8-552; 1977, c. 617.
VA Code § 8.01-565 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20 - Attachments and Bail in Civil Cases|§ 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 his hands belonging to the principal defendant in such attachment, the court, without any formal pleading, shall inquire as to such debts and effects, or, if either party demand, it shall cause a jury to be impaneled for that purpose, and proceed in respect to any such debts or effects found by the court or the jury in the same manner as if they had been confessed by such codefendant. If the judgment of the court or verdict of the jury be in favor of such codefendant, he shall have judgment for his costs against the plaintiff.Code 1950, § 8-553; 1977, c. 617.
VA Code § 8.01-566 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20 - Attachments and Bail in Civil Cases|§ 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 to the plaintiff by reason of such bond being adjudged bad, or any person authorized by § 8.01-573 to file a petition, may make defense to such attachment, but the attachment shall not thereby be discharged, or the property levied on released.Code 1950, § 8-554; 1973, c. 545; 1977, c. 617.
VA Code § 8.01-567 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20 - Attachments and Bail in Civil Cases|§ 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 process, may appear specially and show that the attachment was issued on false suggestion or without sufficient cause, in which event the attachment shall be quashed.Any person claiming title to, an interest in, or a lien upon the property attached, or any part thereof, after being admitted as a party defendant, if not already a defendant, and the principal defendant, may contest the liability of the principal defendant for the plaintiff's claim, in whole or in part, by proof of any manner which would constitute a good defense by the principal defendant to an action at law on such claim, and may also show that the attachment was not issued on any of the grounds set forth in § 8.01-534, or that the plaintiff is not likely to succeed on the merits of his underlying claim. The principal defendant may also file counterclaims or defenses available under § 8.01-422 as in an action at law.Other defendants shall be limited to defenses personal to themselves, or which may prevent a liability upon them or their property.Code 1950, § 8-555; 1977, c. 617.
VA Code § 8.01-568 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20 - Attachments and Bail in Civil Cases|§ 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 a lien upon the property attached, or any part thereof, after reasonable notice to the plaintiff, hear testimony and quash the attachment, if of opinion that (i) the attachment is invalid on its face, (ii) none of the grounds for attachment in § 8.01-534 exist, or (iii) the plaintiff is not likely to succeed on the merits of his underlying claim. The hearing shall be held not later than ten business days following the defendant's motion. When the attachment is properly sued out, and the case is heard upon its merits, if the court is of opinion that the claim of the plaintiff is not established, final judgment shall be given for the defendant. In either case, he shall recover his costs, and damages for loss of the use of his property, and there shall be an order for the restoration of the attached effects. The plaintiff shall have the burden of proof in proceedings pursuant to this section.Code 1950, § 8-556; 1977, c. 617; 1984, c. 646.
VA Code § 8.01-569 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20 - Attachments and Bail in Civil Cases|§ 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 to sue out the attachment, and this right be decided against the plaintiff, the petition shall be dismissed at the cost of the plaintiff; but if the plaintiff's claim be due at the hearing, and the court would otherwise have jurisdiction of an action against such defendant for the cause set forth in the petition, and such defendant has appeared generally, or been served with process, it shall retain the cause and proceed to final judgment as in other actions at law.Code 1950, § 8-557; 1977, c. 617.
VA Code § 8.01-570 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20 - Attachments and Bail in Civil Cases|§ 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, as may be right, and order the sale of any other effects or real estate which shall not have been previously released or sold under this chapter, and direct the proceeds of sale, and whatever else is subject to the attachment, including what is embraced by such forthcoming bond, to be applied in satisfaction of the judgment.Code 1950, § 8-558; 1977, c. 617.
VA Code § 8.01-571 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20 - Attachments and Bail in Civil Cases|§ 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 shall not have the benefit of § 8.01-570 unless and until he shall have given bond with sufficient surety in such penalty as the court shall approve, with condition to perform such future order as may be made upon the appearance of such defendant and his making defense. If the plaintiff fail to give such bond in a reasonable time, the court shall dispose of the estate attached, or the proceeds thereof, as to it shall seem just.Code 1950, § 8-542; 1977, c. 617.
VA Code § 8.01-572 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20 - Attachments and Bail in Civil Cases|§ 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 as is necessary to pay the judgment. Upon a sale of real estate, under an attachment the court shall have the same powers and jurisdiction, and like proceedings thereon may be had, as if it were a sale of real estate by a court of equity exercising general equity powers.Code 1950, § 8-559; 1977, c. 617.
VA Code § 8.01-573 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20 - Attachments and Bail in Civil Cases|§ 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 sale paid to the plaintiff under the judgment, disputing the validity of the plaintiff's attachment thereon, or stating a claim thereto, or an interest in or lien on the same, under any other attachment or otherwise, and its nature, and upon giving security for cost, the court, without any other pleading, shall inquire into such claim, or, if either party demand it, impanel a jury for that purpose. If it be found that the petitioner has title to, or a lien on, or any interest in, such property, or its proceeds, the court shall make such order as may be necessary to protect his rights. The costs of such inquiry shall be paid by either party, at the discretion of the court.Code 1950, § 8-560; 1977, c. 617.
VA Code § 8.01-574 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20 - Attachments and Bail in Civil Cases|§ 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 in which such suit or action is pending, and the procedure thereon shall be the same as if no suit or action were pending; but the attachment may be heard along with any suit in equity relating to the same subject so far as may be necessary for the convenient administration of justice. The suing out of an attachment in connection with a pending suit or action shall not be deemed the prosecution of a second action for the same cause.Code 1950, § 8-561; 1977, c. 617.
VA Code § 8.01-575 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20 - Attachments and Bail in Civil Cases|§ 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 Commonwealth, he may, within one year after a copy of such judgment shall be served on him at the instance of the plaintiff, or within two years from the date of the judgment, if he be not so served, petition to have the proceedings reheard. On giving security for costs he shall be admitted to make defense against such judgment, as if he had appeared in the case before the same was rendered, except that the title of any bona fide purchaser to any property, real or personal, sold under such attachment, shall not be brought in question or impeached. But this section shall not apply to any case in which the petitioner, or his decedent, was served with a copy of the attachment more than ten days before the date of the judgment, or to any case in which he appeared and made defense.Code 1950, § 8-562; 1977, c. 617.
VA Code § 8.01-576 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20 - Attachments and Bail in Civil Cases|§ 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 to him under such judgment to such defendant if living, or if dead to the heir or personal representative of such defendant, as the same may be, the proceeds of real or personal estate, and enter a judgment therefor against him; or it may confirm the former judgment. In either case it shall adjudge the costs of the prevailing party.Code 1950, § 8-563; 1977, c. 617.
VA Code § 8.01-576.1 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 20.1 - Summary Jury Trial|§ 8.01-576.1. Election by parties; order of court

In any civil action pending before a circuit court, the parties may, by agreement in writing submitted to the court at any time prior to trial, elect to have a summary jury trial of the issues in the case in accordance with this chapter. However, where the court determines that the election is made for the purpose of delaying a trial on the merits, a summary jury trial shall not be had.1988, c. 759.