The proceedings on any attachment brought in a court not of record shall conform to the provisions of Chapter 20 (§ 8.01-533 et seq.) of Title 8.01, but if an attachment is returned executed and the defendant has not been served with a copy thereof, and the amount claimed in the attachment does not exceed $500, exclusive of interest and any attorney's fees contracted for in the instrument, the judge or clerk of the court, upon affidavit in conformity with §§ 8.01-316 and 8.01-317, shall forthwith cause a copy of the attachment to be posted at the front door of the courthouse of the county or the front door of the courtroom of the city or town wherein the attachment was issued, and shall file a certificate of the fact with the papers in the case, and, in addition to such posting, the plaintiff in the attachment or his attorney shall give to the judge or his clerk the last known address or place of abode of the defendant, verified by affidavit, and the judge or clerk shall forthwith mail a copy of the attachment to the defendant at his last known address or place of abode, or if the defendant be a corporation, at its last known address. The mailing of the copy as herein required shall be certified by the judge or clerk in writing, and such certification shall be filed with the papers in the case. Fifteen days after the copy of the attachment has been posted and a copy thereof mailed as herein required, the court may hear and decide the attachment. If the amount claimed in the attachment is more than $500, exclusive of interest and any attorney's fees contracted for in the instrument, an order of publication shall be entered and published and other proceedings had in accordance with the provisions of §§ 8.01-316, 8.01-317, 8.01-318, and 8.01-320. Personal service on a nonresident defendant out of this Commonwealth as provided in § 8.01-320 shall have the same effect, and no other, as an order of publication duly executed or the posting and mailing of a copy of the attachment as provided herein.
If any such attachment is levied on real estate, the court shall not take cognizance of the case, but the same shall be forthwith removed to a court of record having jurisdiction of other actions removed therefrom, to be further proceeded with in such court of record as if the attachment had originated therein.
1956, c. 555; 2010, c. 343.
Structure Code of Virginia
Title 16.1 - Courts Not of Record
Chapter 6 - Venue, Jurisdiction and Procedure in Civil Matters
§ 16.1-77. Civil jurisdiction of general district courts; amending amount of claim
§ 16.1-77.1. When general district court may give judgment on forthcoming bond
§ 16.1-77.2. Jurisdiction of partition of personal property and proceedings therefor
§ 16.1-78. Judgment by confession not affected
§ 16.1-79. Actions brought on warrant
§ 16.1-79.1. Electronic filing of civil cases
§ 16.1-80. Service of warrant and return thereof
§ 16.1-81. Actions brought by motion for judgment
§ 16.1-81.1. Certain corporations; pro se representation
§ 16.1-82. Service of motion; return thereon and delivery to the court; how disposed of
§ 16.1-83. Consent of parties required for trial within five days of service
§ 16.1-83.1. Certification of expert witness opinion at time of service of process
§ 16.1-84. When action or proceeding not lost; when matured for hearing
§ 16.1-85. What term "warrant" to include
§ 16.1-86. When action deemed brought
§ 16.1-88. Procedure when plaintiff sues on sworn claim
§ 16.1-88.03. Pleadings and other papers by certain parties not represented by attorneys
§ 16.1-89. Subpoena duces tecum; attorney-issued subpoena duces tecum
§ 16.1-90. Recognizance upon continuation of case
§ 16.1-91.1. Costs to be included in judgment on forthcoming bond
§ 16.1-91.2. Judge to keep record of judgment on forthcoming bond; how to endorse execution
§ 16.1-93. Principles applicable to trial of cases
§ 16.1-94. Judgment to be noted on papers; formal orders may be entered
§ 16.1-94.01. When and how satisfaction entered on judgment
§ 16.1-94.1. Limitations on enforcement of district court judgments
§ 16.1-95. Abstract of judgment
§ 16.1-96. What abstract to contain
§ 16.1-97.1. When a new trial is granted
§ 16.1-98. Fieri facias or writ of possession on judgment
§ 16.1-99. When and where executions returnable; to whom directed
§ 16.1-100. Additional executions; by whom issued
§ 16.1-101. Proceedings against officer failing to make or making improper return
§ 16.1-102. Officers and sureties liable for money collected after return day
§ 16.1-103. Proceedings by interrogatories
§ 16.1-106. Appeals from courts not of record in civil cases
§ 16.1-106.1. Withdrawal of appeal in civil cases
§ 16.1-107. Requirements for appeal
§ 16.1-108. Deposit of money in lieu of bond
§ 16.1-109. Appellate court may require new or additional security
§ 16.1-110. Bankruptcy of appellant does not release surety
§ 16.1-111. Court to which appeal sent
§ 16.1-112. All papers transmitted to appellate court; further proceedings
§ 16.1-114.1. Principles applicable in trial of appeals; defective or irregular warrants or motions
§ 16.1-117. When papers in civil cases in certain municipal courts may be destroyed
§ 16.1-118. When papers in civil cases returned to courts of record may be destroyed
§ 16.1-118.1. Destruction of papers in civil cases in certain district courts
§ 16.1-119. Proceedings to try title to property levied on under distress or execution
§ 16.1-120. Summons in such case
§ 16.1-121. Order after hearing
§ 16.1-122.1. Small claims court; designated
§ 16.1-122.3. Actions; how commenced; notice; continuances; pleadings
§ 16.1-122.4. Representation and removal; rights of parties
§ 16.1-122.5. Informal hearings; rules of evidence suspended