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.
Structure 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
§ 8.01-554. 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
§ 8.01-560. 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