reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 18 - Executions and Other Means of Recovery › § 8.01-524. Wages and salaries of city, town and county officials, clerks and employees

Unless otherwise exempt, the wages and salaries of all officials, clerks and employees of any city, town or county shall be subject to garnishment or execution upon any judgment rendered against them.
Code 1950, § 8-449.2; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 18 - Executions and Other Means of Recovery › § 8.01-525. Who are officers and employees of cities, towns and counties

All officers, clerks and employees who hold their office by virtue of authority from the General Assembly or by virtue of city, town or county authority whether by election or appointment and who receive compensation for their services from the moneys of such city, town or county shall, for the purposes of garnishment, be deemed to be, and are, officers, clerks or employees of such city, town or county.
Code 1950, § 8-449.3; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 18.1 - Assignments for Benefit of Creditors › § 8.01-525.1. Recordation; notice of sale; preferences prohibited

Whenever a deed of assignment for the benefit of creditors is executed, the deed shall be recorded. If no notice of the sale has previously been given, the trustee named in such deed, or the one substituted in the manner prescribed in this article, before selling under the deed of assignment, shall, at least 10 days before the sale, notify each of the creditors named in the deed by certified mail, return receipt requested, advising of (i) the execution of such sale; (ii) when, where, and how the sale will be held; (iii) the terms of such sale; and (iv) whether or not the deed provides that acceptance shall be in full satisfaction. No creditor shall be preferred in the deed except those given a lien or preference by law, or those having a valid lien upon the property conveyed, or some part of such lien, and those having a lien shall be preferred only to the extent of the value of the property upon which they have a lien.
1924, p. 657; Michie Code 1942, § 5278b; Code 1950, § 55-156; 2019, c. 712.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 18.1 - Assignments for Benefit of Creditors › § 8.01-525.2. Substitution of another trustee by creditors

A majority of the unsecured creditors in number and amount of the assignor may agree in writing upon a trustee different from the one named in the deed of assignment, and upon petition to the court that would have jurisdiction if an action were brought against the assignor, such agreed trustee may be substituted in lieu of such named trustee with all of the rights, powers, and duties conferred upon such named trustee in the deed of assignment. The clerk of the court where the deed of assignment is recorded shall record such order presented by one of the parties and shall include a reference to the order book and page where such deed is recorded, together with the name of the substituted trustee, and shall make proper indexing. The substitute trustee shall reside in the county or city in which the property that is conveyed in the deed of assignment or the greater portion thereof in value is located.
1924, p. 657; Michie Code 1942, § 5278c; Code 1950, § 55-157; 2014, c. 330; 2019, c. 712.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 18.1 - Assignments for Benefit of Creditors › § 8.01-525.3. Procedure to question claim of creditor

Any creditor of the assignor who questions the validity of any other creditor's claim, or the trustee if he questions the validity of any claim, may file, within 30 days after the recordation of the deed, a petition against the creditor whose claim is questioned in the court that would have jurisdiction if the action was brought by the creditor whose claim is questioned against the assignor, and the burden of proof shall be upon the creditor whose claim is questioned. Upon the filing of such petition, the court may order the party whose claim is questioned to appear to defend such claim and the court shall determine the matter in a summary way.
1924, p. 658; Michie Code 1942, § 5278c; Code 1950, § 55-158; 2019, c. 712.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 18.1 - Assignments for Benefit of Creditors › § 8.01-525.4. Provision to bar further claim by creditors who accept deed

Any deed of assignment may contain a provision to the effect that those creditors who accept such assignment do so in full satisfaction of their respective claims and shall be forever barred from further recovery of any balance.
1924, p. 658; Michie Code 1942, § 5278d; Code 1950, § 55-159; 2019, c. 712.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 18.1 - Assignments for Benefit of Creditors › § 8.01-525.5. Compensation of trustee

Every trustee referred to in this article shall receive reasonable compensation for services.
1924, p. 658; Michie Code 1942, § 5278d; Code 1950, § 55-160; 2019, c. 712.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 18.1 - Assignments for Benefit of Creditors › § 8.01-525.6. Petition for assignment of salary, wages, or income for the benefit of creditors

Upon petition of a debtor for the assignment of his salary, wages, or income to a trustee for the benefit of his creditors, a judge may appoint a trustee, subject to the supervision and order of the court, to receive such salary, wages, or income of such debtor and pay off the obligations due by such debtor as provided in this article, provided that a majority of the creditors have provided written consent of such assignment to the court. If the debtor is employed on a salary or for wages, the written consent of his employer is required.
1936, p. 523; Michie Code 1942, § 5278e; Code 1950, § 55-161; 2005, c. 839; 2019, c. 712.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 18.1 - Assignments for Benefit of Creditors › § 8.01-525.7. Trustee; rights and duties; compensation

A trustee appointed pursuant to § 8.01-525.6 shall make written reports to the court as required by the court. The trustee may charge a fee of five percent of such salary, wages, or income received and disbursed by him; however, no public officer or employee who receives a full-time salary and who acts as trustee under this article shall retain such fee for his personal use.
The trustee, upon being appointed, shall give written notice to any person, firm, or corporation who may owe the debtor any salary, wages, or income, and upon receiving such notice such person, firm, or corporation shall pay to the trustee any salary, wages, or income that are owed to such debtor, at the time it would otherwise be due to the debtor.
The trustee may compromise and settle any claims against the debtor when he believes such compromise shall be for the benefit of all the creditors.
1936, p. 523; Michie Code 1942, § 5278f; Code 1950, § 55-162; 2019, c. 712.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 18.1 - Assignments for Benefit of Creditors › § 8.01-525.8. Resignation of trustee

The trustee may resign at any time after accounting for all funds in his possession, and the court may appoint another trustee.
1936, p. 524; Michie Code 1942, § 5278i; Code 1950, § 55-163; 2019, c. 712.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 18.1 - Assignments for Benefit of Creditors › § 8.01-525.9. Debts; order of payment

The trustee shall immediately upon receipt of such salary, wages, or income, or at such other time as the court may direct, disburse the funds as follows:
1. The trustee shall first pay to the debtor directly, or for his benefit as the court may direct, any amount the debtor may be entitled to as exempt by law if he is a householder and head of a family or, if he is not a householder or head of a family, then such amount for the necessities of life as may be agreed upon by the creditors in the assignment. Nothing in this subdivision shall prevent the trustee from paying to the debtor a greater amount than is exempt by law if agreed to by the creditors and approved by the court.
2. The trustee shall next pay, according to such funds as he has in his possession, a pro rata share of the balance to all the creditors on an equal basis or in such proportions as the creditors may agree.
1936, p. 524; Michie Code 1942, § 5278g; Code 1950, § 55-164; 2019, c. 712.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 18.1 - Assignments for Benefit of Creditors › § 8.01-525.10. Exemption from garnishment, levy, or distress

When the assignment is executed and approved by the court and the trustee has been appointed and notice given to the creditors listed in the assignment, such assignment shall be deemed legal and binding upon all creditors and such salary, wages, or income shall be exempt from garnishment, levy, or distress during such time as the assignment is in existence. Such assignment shall have priority over all liens subsequently obtained.
1936, p. 524; Michie Code 1942, § 5278h; Code 1950, § 55-165; 2019, c. 712.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 18.1 - Assignments for Benefit of Creditors › § 8.01-525.11. Termination of assignment by court

The court may, at any time, upon a motion stating that the terms of the assignment are not being complied with, order the debtor and trustee to appear before the court, and the court may, if the evidence justifies, or, in its discretion, declare the assignment null and void. When such action is taken by the court, a written notice shall be sent to all persons named in the assignment.
The court may, on its own motion, revoke the assignment whenever it determines that the ends of justice are not being attained.
When the assignment has been fully complied with, the court shall discharge the trustee and notify the employer of the debtor, if there is one, that the debtor is entitled to receive his entire salary, wages, or income directly.
1936, p. 524; Michie Code 1942, § 5278i; Code 1950, § 55-166; 2019, c. 712.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 18.1 - Assignments for Benefit of Creditors › § 8.01-525.12. Clerk to preserve assignment; fees

The clerk of the court wherein any assignment is filed, as otherwise provided by law, shall maintain the court records of such assignment, together with all reports of the trustee, and shall keep an index of all such assignments. For filing the assignment, the fee as prescribed in § 17.1-275 shall be charged.
1936, p. 524; Michie Code 1942, § 5278j; Code 1950, § 55-167; 1994, c. 432; 2019, c. 712.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 19 - Forthcoming Bonds › § 8.01-526. When forthcoming bond taken; property remains in debtor's possession

The sheriff or other officer levying a writ of fieri facias, or distress warrant, may take from the debtor a bond, with sufficient surety, payable to the creditor, reciting the service of such writ or warrant, and the amount due thereon, including the officer's fee for taking the bond, commissions, and other lawful charges, if any, with condition that the property shall be forthcoming at the day and place of sale; whereupon, such property may be permitted to remain in the possession and at the risk of the debtor.
Code 1950, § 8-450; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 19 - Forthcoming Bonds › § 8.01-527. If bond forfeited, where returned; its effect; clerk to endorse time of return

If the condition of such forthcoming bond be not performed, the officer, unless payment be made of the amount due on the execution or warrant, including his fee, commission, and charges as aforesaid, shall, after the bond is forfeited, return it forthwith, with the execution or warrant, to such court, or the clerk's office of such court as is prescribed by § 15.1-80. The clerk shall endorse on the bond the date of its return; and against such of the obligors therein as may be alive when it is forfeited and so returned, it shall have the force of a judgment. But no execution shall issue thereon under this section.
Code 1950, § 8-451; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 19 - Forthcoming Bonds › § 8.01-528. Liability of obligors; how recovery on bond is had

The obligors in such forfeited bond shall be liable for the money therein mentioned, with interest thereon from the date of the bond till paid, and the costs. The obligee or his personal representative shall be entitled to recover the same by action or motion.
Code 1950, § 8-452; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 19 - Forthcoming Bonds › § 8.01-529. When bond returned, how endorsed and recorded by clerk; lien

Upon the return of a forthcoming bond to the clerk's office in the manner prescribed by § 8.01-527, it shall be the duty of the clerk to endorse thereon the date of such return, and his fee as provided by law for recordation of items specified herein, and to record in a book to be kept by him for the purpose, the date of such bond and of the return endorsed thereon, the amount of the penalty thereof, the amount, the payment whereof will discharge such penalty, and the names of the obligee and obligor to such bond. Such bond, when so returned to the clerk's office aforesaid, shall constitute a lien on the real estate of the obligor.
Code 1950, § 8-458; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 19 - Forthcoming Bonds › § 8.01-530. Remedy of creditor if bond quashed

If any forthcoming bond be at any time quashed, the obligee, besides his remedy against the officer, may have such execution on his judgment, or issue such distress warrant, as would have been lawful if such bond had not been taken.
Code 1950, § 8-454; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 19 - Forthcoming Bonds › § 8.01-531. In what cases forthcoming bond not to be taken

No bond for the forthcoming of property shall be taken:
1. On an execution on a forthcoming bond;
2. On an execution on a judgment against (i) a treasurer, sheriff, or a deputy of either of them, or a surety or personal representative of either such officer or deputy, for money received by any such officer or deputy, by virtue of his office, (ii) any such officer or his personal representative, in favor of a surety of such officer for money paid or a judgment rendered for a default in office, or (iii) a deputy of any such officer, or his surety or personal representative, in favor of his principal or the personal representative of such principal, for money paid or a judgment rendered for a default in office; or
3. On any other execution on which the clerk is required by law or by order of court to endorse that "no security is to be taken."
Code 1950, § 8-455; 1954, c. 333; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 19 - Forthcoming Bonds › § 8.01-532. How bond withdrawn from clerk's office

The obligee in a forthcoming bond, or his agent, may, at any time after the record of such bond is made by the clerk, required by § 8.01-529, withdraw the same from the clerk's office, leaving a copy thereof attested by the clerk.
Code 1950, § 8-459; 1977, c. 617.
2023 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 and payable or not, (iii) damages for breach of any contract, express or implied, or (iv) damages for a wrong, or for a judgment for which no supersedeas or other appeal bond has been posted, he may sue out an attachment therefor on any one or more of the grounds stated in § 8.01-534. However, if the claim is for a debt not due and payable, no attachment shall be sued out when the only ground for the attachment is that the defendant or one of the defendants is a foreign corporation, or is not a resident of this Commonwealth, and has estate or debts owing to him within this Commonwealth.
Code 1950, § 8-519; 1954, c. 333; 1977, c. 617; 1986, c. 341; 1993, c. 841.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 20 - Attachments and Bail in Civil Cases › § 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 issues, except as otherwise provided, shall be the same, as near as may be, as in actions in personam.
Code 1950, § 8-521; 1954, c. 333; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 20 - Attachments and Bail in Civil Cases › § 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 seeks to defeat the petitioner's attachment, may demur to the petition, issue on which demurrer shall be deemed to be joined; but if such demurrer be overruled, such defendant shall answer the petition in writing. No replication shall be necessary to such answer. The answer shall be sworn to by such defendant, or his agent. Any other defendant may answer the petition, under oath, and the cause shall be deemed at issue as to him, if he denies any of the allegations of the petition, without any replication. Answers under this section shall not have the effect of evidence for the defendant.
Code 1950, § 8-523; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 20 - Attachments and Bail in Civil Cases › § 8.01-537. Petition for attachment; costs, fees and taxes

A. Every attachment shall be commenced by a petition filed before a clerk of a circuit or general district court of, or magistrate serving, the county or city in which venue is given by subdivision 11 of § 8.01-261. If it is sought to recover specific personal property, the petition shall state (i) the kind, quantity, and estimated fair market value thereof, (ii) the character of estate therein claimed by the plaintiff, (iii) the plaintiff's claim with such certainty as will give the adverse party reasonable notice of the true nature of the claim and the particulars thereof and (iv) what sum, if any, the plaintiff claims an entitlement to recover for its detention. If it is sought to recover a debt or damages for a breach of contract, express or implied, or damages for a wrong, the petition shall set forth (i) the plaintiff's claim with such certainty as will give the adverse party reasonable notice of the true nature of the claim and the particulars thereof, (ii) a sum certain which, at the least, the plaintiff is entitled to, or ought to recover, and (iii) if based on a contract and if the claim is for a debt not then due and payable, at what time or times the same will become due and payable. The petition shall also allege the existence of one or more of the grounds mentioned in § 8.01-534, and shall set forth specific facts in support of the allegation. The petition shall ask for an attachment against the specific personal property mentioned in the petition, or against the estate, real and personal, of one or more of the principal defendants, or against the estate, real and personal, of one or more of the principal defendants, or against both the specific personal property and the estate of such defendants, real or personal. The petition shall state whether the officer is requested to take possession of the attached tangible personal property. The petition shall be sworn to by the plaintiff or the plaintiff's agent, or some other person cognizant of the facts therein stated.
B. The plaintiff praying for an attachment shall, at the time the petition is filed, pay to the magistrate or clerk of the court to which the return is made the proper costs, fees and taxes, and in the event the plaintiff fails to do so, the attachment shall not be issued.
Code 1950, §§ 8-524, 8-528; 1954, cc. 333, 622; 1973, c. 545; 1977, c. 617; 1978, c. 418; 1984, c. 646; 1993, c. 841; 2008, cc. 551, 691; 2015, c. 639.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 20 - Attachments and Bail in Civil Cases › § 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 fact that bond has been given shall be endorsed on the process, or certified by the clerk to the serving officer. If certified by the clerk, the serving officer shall return the certificate with the process. The bond shall be a bond with approved surety, a cash bond or a property bond.
B. If the plaintiff seeks only pretrial levy on property and a bond with approved surety or cash bond is posted, the amount of the bond shall be at least the estimated fair market value of the property to be levied. If a property bond is posted, the amount of the bond shall be at least double the estimated fair market value of the property to be levied.
C. If the plaintiff seeks pretrial seizure of property, the amount of the bond shall be at least double the estimated fair market value of the property to be seized.
D. The bond shall contain a condition to pay all costs and damages which may be awarded against the plaintiff, or sustained by any person, by reason of a wrongful levy or seizure.
1984, c. 646; 1993, c. 841.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 20 - Attachments and Bail in Civil Cases › § 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 first establish, to the satisfaction of the court in which he files his petition for attachment that he has a reasonable expectation of recovering an amount exclusive of all costs, equal to at least one-half the damages demanded in the petition for attachment. Reasonable notice of appearance before the court shall be given the owner, agent or master of said vessel, and at the time of the appearance the court shall determine the amount of such reasonable expectation of recovery and the amount of bond necessary to secure the release of the vessel if and when a writ be levied in accordance with this section.
No attachment issued in violation of the provisions of this section shall create a valid lien upon the property sought to be attached, and no levy made under authority thereof shall be of any effect.
Code 1950, § 8-524.1; 1954, c. 254; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 20 - Attachments and Bail in Civil Cases › § 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 defendant. There shall also be made a defendant any person indebted to or having in his possession property, real or personal, belonging to a principal defendant, which is sought to be attached. There may also be made a defendant any person claiming title to, and interest in, or a lien upon the property sought to be attached. A defendant, other than a principal defendant, shall be known as a codefendant.
Code 1950, § 8-525; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 20 - Attachments and Bail in Civil Cases › § 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 petition. The judge or magistrate shall issue an attachment in accordance with the prayer of the petition only upon a determination that (i) there is reasonable cause to believe that grounds for attachment may exist and (ii) the petition complies with §§ 8.01-534, 8.01-537, and 8.01-538. The judge or magistrate may receive evidence only in the form of a sworn petition which shall be filed in the office of the clerk of the court. If the plaintiff seeks the recovery of specific personal property, the attachment may be (i) against such property and against the principal defendant's estate for so much as is sufficient to satisfy the probable damages for its detention or (ii) at the option of the plaintiff, against the principal defendant's estate for the value of the specific property and the damages for its detention. If the plaintiff seeks to recover a debt or damages for the breach of a contract, express or implied, or damages for a wrong, the attachment shall be against the principal defendant's estate for the amount specified in the petition as that which the plaintiff at the least is entitled to or ought to recover.
If the attachment is issued by a magistrate, it shall be returnable as prescribed by § 8.01-541. The magistrate shall promptly return to the clerk's office of the court to which the attachment is returnable the petition and the bond, if any, filed before him. The proceedings thereafter shall be the same as if the attachment had been issued by a judge.
Code 1950, § 8.526; 1954, c. 254; 1977, c. 617; 1984, c. 646; 1993, c. 841; 2008, cc. 551, 691.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 20 - Attachments and Bail in Civil Cases › § 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 to the office of the clerk of court wherein the petition has been filed not more than thirty days from its date of issuance.
Code 1950, § 8-527; 1954, c. 333; 1977, c. 617; 1993, c. 841.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 20 - Attachments and Bail in Civil Cases › § 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 by the clerk of the court in which the original attachment is pending, and the same may be directed, executed, and returned in like manner as an original attachment. However, the clerk shall not issue an attachment where new or additional grounds of attachment are relied upon or where any ship, boat or vessel of more than twenty tons is sought to be attached.
If new or additional grounds of attachment are relied on, the plaintiff may amend his petition in accordance with Rule of Court 1:8 according to the facts and swear to the same. Except as otherwise provided in this section, an additional attachment as prayed for shall be issued by a judge or magistrate only upon his determination that (i) there is reasonable cause to believe that the grounds for attachment may exist and (ii) that the amended petition complies with §§ 8.01-534 and 8.01-537. Where any ship, boat, or other vessel of more than twenty tons is sought to be attached, a judge or magistrate shall issue the additional attachment only on his determination that § 8.01-538 has been complied with. The cause shall proceed, under the provisions of this chapter, upon the petition as amended.
The court shall adjudge the costs of such attachments as it deems proper.
The following, or its equivalent, shall be a sufficient form of application for an additional attachment:
To A.B., clerk of the __________ court of __________ county (or city): In the case of __________ v. __________, on an attachment, an additional attachment and summons is requested to be issued against __________ X.Y. (or X.Y. by H., attorney or agent, as the case may be).
Code 1950, § 8-530; 1977, c. 617; 1984, c. 646.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 20 - Attachments and Bail in Civil Cases › § 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 service is obtained on him, if he be a resident of the Commonwealth. If for any cause service cannot be had in the Commonwealth, upon affidavit of that fact, an order of publication shall be made against him.
Code 1950, § 8-531; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 20 - Attachments and Bail in Civil Cases › § 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 attainment of the ends of substantial justice, and upon such terms as to continuance and costs as may seem proper. An amendment when made shall as against the principal defendant and as to claims against him existing at the time the attachment was issued relate back to the time of the levy of the attachment, unless otherwise directed. No attachment shall be quashed or dismissed for mere formal defects.
Code 1950, § 8-532; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 20 - Attachments and Bail in Civil Cases › § 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 property claimed in the petition, and so much more of the real and personal property of the principal defendant as shall be necessary to cover the damages for the detention of the specific property sued for and the costs of the attachment. Every other attachment shall command the sheriff or other officer to whom it may be directed to attach the property mentioned and sought to be attached in the petition, if any, and so much of the lands, tenements, goods, chattels, moneys and effects of the principal defendant not exempt from execution as will be sufficient to satisfy the plaintiff's demand, and, in case of tangible personal property, taken possession of under § 8.01-551, to keep the same safely in his possession to satisfy any judgment that may be recovered by the plaintiff in such attachment.
Every attachment sued out under this section shall also command the sheriff or other officer to summon the defendant or defendants, if he or they are found within his county or city, or any county or city wherein he may have seized property under and by virtue of such writ, to appear and answer the petition for the attachment.
Each copy of the summons shall be issued together with a form for requesting a hearing on a claim of exemption from levy or seizure as provided in § 8.01-546.1. Both documents shall be served on each defendant.
Code 1950, § 8-533; 1977, c. 617; 1986, c. 341.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 20 - Attachments and Bail in Civil Cases › § 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 all courts which may issue attachments and to all magistrates.
1986, c. 341.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 20 - Attachments and Bail in Civil Cases › § 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 for a hearing, the clerk shall (i) schedule a hearing no later than ten business days from the date that the request is filed with the court, and (ii) notify the parties of the date, time and place of hearing and the exemption being claimed. This hearing may be combined with a hearing pursuant to § 8.01-119 or § 8.01-568 or with a trial on the merits if held within the ten-business day limitation.
The clerk shall notify the parties and the sheriff of the date, time and place of hearing and the exemption being claimed. The court may stay the sale pending this hearing by interlocutory order. The sheriff shall comply with the writ unless and until ordered otherwise in writing by the court. The order shall take effect upon receipt by the sheriff. The clerk is required to provide a copy of the order or the hearing disposition to the sheriff only if the writ or levy is dismissed or is modified by the judge. The court shall release all exempt property from the judgment creditor's lien and order the sheriff to return such exempt property to the judgment debtor.
1986, c. 341.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 20 - Attachments and Bail in Civil Cases › § 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 officer to levy the same on any remainder, vested or contingent, of the principal defendant, or so much thereof as may be sufficient to pay the amount for which it issues. But no such remainder shall be sold until it becomes vested. A judgment, however, ascertaining the amount due the plaintiff may be docketed as other judgments are docketed, but unless it be a personal judgment, it shall be a lien only on the property levied on.
Code 1950, § 8-534; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 20 - Attachments and Bail in Civil Cases › § 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, or in any other, either by the officer of the county or city wherein the attachment issued, or by the officer of the county or city where the estate is.
Code 1950, § 8-535; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 20 - Attachments and Bail in Civil Cases › § 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 for, and so much other estate as will probably be required to satisfy any further order that may be made in the proceedings.
Code 1950, § 8-536; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 20 - Attachments and Bail in Civil Cases › § 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 may be levied as at common law or by delivering a copy of the attachment to such principal defendant or, if possession is requested in the petition, then by taking possession of such personal property;
On choses in action or on tangible personal property in possession of any defendant other than the principal defendant, it may be levied by delivering a copy of the attachment to the person indebted to the principal defendant or having possession of the property belonging to him; and
On real estate, it may be levied by such estate being mentioned and described in an endorsement on the attachment by the officer to whom it is delivered for service to the following effect:
"Levied on the following real estate of the defendant A. (or defendants A.
and B.), to-wit: (here describe the real estate) this the................…
day of..........................… at..........… o'clock. E.F., sheriff
(or other officer),"
and by service of the attachment on the person, if any, in possession of such real estate.
Wherever a copy of an attachment is required or allowed to be served on any person, natural or artificial, it may be served as a notice is served under §§ 8.01-296, 8.01-299, 8.01-300 or 8.01-301, as the case may be.
Code 1950, § 8-537; 1977, c. 617; 1984, c. 646.
2023 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.
2023 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.
2023 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.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 20 - Attachments and Bail in Civil Cases › § 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 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 Court of Appeals 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; 2021, Sp. Sess. I, c. 489.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.