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.
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