Code of Virginia
Chapter 20 - Attachments and Bail in Civil Cases
§ 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 principal defendants:
1. Is a foreign corporation, or is not a resident of this Commonwealth, and has estate or has debts owing to such defendant within the county or city in which the attachment is, or that such defendant being a nonresident of this Commonwealth, is entitled to the benefit of any lien, legal or equitable, on property, real or personal, within the county or city in which the attachment is. The word "estate," as herein used, includes all rights or interests of a pecuniary nature which can be protected, enforced, or proceeded against in courts of law or equity;
2. Is removing or is about to remove himself out of this Commonwealth with intent to change his domicile;
3. Intends to remove, or is removing, or has removed the specific property sued for, or his own estate, or the proceeds of the sale of his property, or a material part of such estate or proceeds, out of this Commonwealth so that there will probably not be therein effects of such debtor sufficient to satisfy the claim when judgment is obtained therefor should only the ordinary process of law be used to obtain the judgment;
4. Is converting, is about to convert or has converted his property of whatever kind, or some part thereof, into money, securities or evidences of debt with intent to hinder, delay, or defraud his creditors;
5. Has assigned or disposed of or is about to assign or dispose of his estate, or some part thereof, with intent to hinder, delay or defraud his creditors;
6. Has absconded or is about to abscond or has concealed or is about to conceal himself or his property to the injury of his creditors, or is a fugitive from justice;
7. Has conducted, financed, managed, supervised, directed, sold, or owned a gambling device that is located in an unregulated location pursuant to § 18.2-331.1;
8. Has violated any provision of law related to charitable gaming pursuant to Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of Title 18.2.
The intent mentioned in subdivisions 4 and 5 may be stated either in the alternative or conjunctive.
B. It shall be sufficient ground for an action for pretrial levy or seizure or an attachment if the specific personal property sought to be levied or seized:
1. Will be sold, removed, secreted or otherwise disposed of by the defendant, in violation of an obligation to the plaintiff, so as not to be forthcoming to answer the final judgment of the court respecting the same; or
2. Will be destroyed, or materially damaged or injured if permitted to remain in the possession of the principal defendant or one of the principal defendants or other person or persons claiming under them.
C. In an action for rent, it also shall be a sufficient ground if there is an immediate danger that the property subject to the landlord's lien for rent will be destroyed or concealed.
Code 1950, § 8-520; 1954, c. 333; 1977, c. 617; 1993, c. 841; 2022, c. 553.

Structure Code of Virginia

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

§ 8.01-534. Grounds of action for pretrial levy or seizure of attachment

§ 8.01-535. Jurisdiction of attachments; trial or hearing of issues

§ 8.01-536. Pleadings in attachment

§ 8.01-537. Petition for attachment; costs, fees and taxes

§ 8.01-537.1. Plaintiff to file bond

§ 8.01-538. Attachment of ships, boats and other vessels of more than twenty tons

§ 8.01-539. Who made defendants

§ 8.01-540. Issuance of attachment; against what attachment to issue

§ 8.01-541. To whom attachments directed; when and where returned

§ 8.01-542. Issue and execution of attachment on any day

§ 8.01-543. Issue of other attachments on original petition

§ 8.01-544. When attachment not served other attachments may issue; order of publication

§ 8.01-545. Amendments; formal defects

§ 8.01-546. What attachment to command; summons

§ 8.01-546.1. Exemption claims form

§ 8.01-546.2. Hearing on claim of exemption from levy or seizure

§ 8.01-547. Attachment against remainders

§ 8.01-548. Who may levy attachment and on what

§ 8.01-549. Restraining order or receiver

§ 8.01-550. How attachment levied

§ 8.01-551. When officer to take possession of property

§ 8.01-552. Repealed

§ 8.01-553. Bonds for retention of property or release of attachment; revising bonds mentioned in this and § 8.01-551

§ 8.01-554. Where bond returned and filed; exceptions to bond

§ 8.01-555. When appeal bond given property to be delivered to owner

§ 8.01-556. Bonds may be given by any person

§ 8.01-557. Lien of attachment; priority of holder in due course

§ 8.01-558. Attachment lien on effects already in hands of officer

§ 8.01-559. Return by officer

§ 8.01-560. How interest and profits of property applied in certain cases

§ 8.01-561. How property to be kept; how sold, when expensive to keep or perishable

§ 8.01-562. Examination on oath of codefendant; order and bond

§ 8.01-563. Principal defendant may claim exemption

§ 8.01-564. Procedure when codefendant fails to appear

§ 8.01-565. Suggestion that codefendant has not made full disclosure

§ 8.01-566. Who may make defense to attachment

§ 8.01-567. What defense may be made to attachments

§ 8.01-568. Quashing attachment or rendering judgment for defendant

§ 8.01-569. When petition dismissed; when retained and cause tried

§ 8.01-570. Judgment, etc., of court when claim of plaintiff established

§ 8.01-571. When defendant not served fails to appear plaintiff required to give bond

§ 8.01-572. Sale of real estate attached

§ 8.01-573. How and when claims of other persons to property tried

§ 8.01-574. Attachments in connection with pending suits or actions

§ 8.01-575. Rehearing permitted when judgment rendered on publication

§ 8.01-576. Order of court on rehearing or new trial; restitution to defendant