If so requested by the plaintiff in his petition, the officer to whom the attachment is directed shall take possession of the property specified in the attachment, or when no such property is specified, of any estate or effects of the defendant, or so much thereof as is sufficient to pay the plaintiff's claim. But the officer levying the attachment shall, before taking possession of any property as aforesaid, make his certificate of the estimated fair market value of the property on which the attachment is levied, and he shall not take possession of the same unless and until bond in conformance with § 8.01-537.1 based on the estimated fair market value of the property as so stated in his certificate is posted. The certificate shall be filed in the clerk's office of the court to which the attachment is returnable and the value so certified shall be subject to review by the court to which the attachment is returnable.
Code 1950, § 8-538; 1973, c. 545; 1977, c. 617; 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