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.
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