Any party in interest may show that the court is without jurisdiction to hear and determine the controversy.
The principal defendant, if not served with process, may appear specially and show that the attachment was issued on false suggestion or without sufficient cause, in which event the attachment shall be quashed.
Any person claiming title to, an interest in, or a lien upon the property attached, or any part thereof, after being admitted as a party defendant, if not already a defendant, and the principal defendant, may contest the liability of the principal defendant for the plaintiff's claim, in whole or in part, by proof of any manner which would constitute a good defense by the principal defendant to an action at law on such claim, and may also show that the attachment was not issued on any of the grounds set forth in § 8.01-534, or that the plaintiff is not likely to succeed on the merits of his underlying claim. The principal defendant may also file counterclaims or defenses available under § 8.01-422 as in an action at law.
Other defendants shall be limited to defenses personal to themselves, or which may prevent a liability upon them or their property.
Code 1950, § 8-555; 1977, c. 617.
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