{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-105.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-105.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-105.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-105.html"}],"law_id":86498,"edition_id":1,"section_id":86498,"structure_id":13176,"section_number":"16.1-105","catch_line":"Attachments","history":"1956, c. 555; 2010, c. 343.","full_text":"The proceedings on any attachment brought in a court not of record shall conform to the provisions of Chapter 20 (\u00a7 8.01-533 et seq.) of Title 8.01, but if an attachment is returned executed and the defendant has not been served with a copy thereof, and the amount claimed in the attachment does not exceed $500, exclusive of interest and any attorney’s fees contracted for in the instrument, the judge or clerk of the court, upon affidavit in conformity with \u00a7\u00a7 8.01-316 and 8.01-317, shall forthwith cause a copy of the attachment to be posted at the front door of the courthouse of the county or the front door of the courtroom of the city or town wherein the attachment was issued, and shall file a certificate of the fact with the papers in the case, and, in addition to such posting, the plaintiff in the attachment or his attorney shall give to the judge or his clerk the last known address or place of abode of the defendant, verified by affidavit, and the judge or clerk shall forthwith mail a copy of the attachment to the defendant at his last known address or place of abode, or if the defendant be a corporation, at its last known address. The mailing of the copy as herein required shall be certified by the judge or clerk in writing, and such certification shall be filed with the papers in the case. Fifteen days after the copy of the attachment has been posted and a copy thereof mailed as herein required, the court may hear and decide the attachment. If the amount claimed in the attachment is more than $500, exclusive of interest and any attorney’s fees contracted for in the instrument, an order of publication shall be entered and published and other proceedings had in accordance with the provisions of \u00a7\u00a7 8.01-316, 8.01-317, 8.01-318, and 8.01-320. Personal service on a nonresident defendant out of this Commonwealth as provided in \u00a7 8.01-320 shall have the same effect, and no other, as an order of publication duly executed or the posting and mailing of a copy of the attachment as provided herein.\n\t\tIf any such attachment is levied on real estate, the court shall not take cognizance of the case, but the same shall be forthwith removed to a court of record having jurisdiction of other actions removed therefrom, to be further proceeded with in such court of record as if the attachment had originated therein.","order_by":null,"text":{"0":{"id":309832,"text":"The proceedings on any attachment brought in a court not of record shall conform to the provisions of Chapter 20 (\u00a7 8.01-533 et seq.) of Title 8.01, but if an attachment is returned executed and the defendant has not been served with a copy thereof, and the amount claimed in the attachment does not exceed $500, exclusive of interest and any attorney’s fees contracted for in the instrument, the judge or clerk of the court, upon affidavit in conformity with \u00a7\u00a7 8.01-316 and 8.01-317, shall forthwith cause a copy of the attachment to be posted at the front door of the courthouse of the county or the front door of the courtroom of the city or town wherein the attachment was issued, and shall file a certificate of the fact with the papers in the case, and, in addition to such posting, the plaintiff in the attachment or his attorney shall give to the judge or his clerk the last known address or place of abode of the defendant, verified by affidavit, and the judge or clerk shall forthwith mail a copy of the attachment to the defendant at his last known address or place of abode, or if the defendant be a corporation, at its last known address. The mailing of the copy as herein required shall be certified by the judge or clerk in writing, and such certification shall be filed with the papers in the case. Fifteen days after the copy of the attachment has been posted and a copy thereof mailed as herein required, the court may hear and decide the attachment. If the amount claimed in the attachment is more than $500, exclusive of interest and any attorney’s fees contracted for in the instrument, an order of publication shall be entered and published and other proceedings had in accordance with the provisions of \u00a7\u00a7 8.01-316, 8.01-317, 8.01-318, and 8.01-320. Personal service on a nonresident defendant out of this Commonwealth as provided in \u00a7 8.01-320 shall have the same effect, and no other, as an order of publication duly executed or the posting and mailing of a copy of the attachment as provided herein.\n\t\tIf any such attachment is levied on real estate, the court shall not take cognizance of the case, but the same shall be forthwith removed to a court of record having jurisdiction of other actions removed therefrom, to be further proceeded with in such court of record as if the attachment had originated therein.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13176,"edition_id":1,"name":"Procedure in Civil Cases","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13175,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":162399,"object_type":"structure","relational_id":13176,"identifier":"3","token":"16.1\/6\/3","url":"\/16.1\/6\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13175,"edition_id":1,"name":"Venue, Jurisdiction and Procedure in Civil Matters","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":162373,"object_type":"structure","relational_id":13175,"identifier":"6","token":"16.1\/6","url":"\/16.1\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":73499,"structure_id":13176,"section_number":"16.1-100","catch_line":"Additional executions; by whom issued","url":"\/16.1-100\/","token":"16.1\/6\/3\/16.1-100","metadata":false},{"id":86974,"structure_id":13176,"section_number":"16.1-101","catch_line":"Proceedings against officer failing to make or making improper return","url":"\/16.1-101\/","token":"16.1\/6\/3\/16.1-101","metadata":false},{"id":86518,"structure_id":13176,"section_number":"16.1-102","catch_line":"Officers and sureties liable for money collected after return day","url":"\/16.1-102\/","token":"16.1\/6\/3\/16.1-102","metadata":false},{"id":78448,"structure_id":13176,"section_number":"16.1-103","catch_line":"Proceedings by interrogatories","url":"\/16.1-103\/","token":"16.1\/6\/3\/16.1-103","metadata":false},{"id":54194,"structure_id":13176,"section_number":"16.1-104","catch_line":"Repealed","url":"\/16.1-104\/","token":"16.1\/6\/3\/16.1-104","metadata":false},{"id":86498,"structure_id":13176,"section_number":"16.1-105","catch_line":"Attachments","url":"\/16.1-105\/","token":"16.1\/6\/3\/16.1-105","metadata":false},{"id":79702,"structure_id":13176,"section_number":"16.1-106","catch_line":"Appeals from courts not of record in civil cases","url":"\/16.1-106\/","token":"16.1\/6\/3\/16.1-106","metadata":false},{"id":77862,"structure_id":13176,"section_number":"16.1-106.1","catch_line":"Withdrawal of appeal in civil cases","url":"\/16.1-106.1\/","token":"16.1\/6\/3\/16.1-106.1","metadata":false},{"id":55864,"structure_id":13176,"section_number":"16.1-107","catch_line":"Requirements for appeal","url":"\/16.1-107\/","token":"16.1\/6\/3\/16.1-107","metadata":false},{"id":67526,"structure_id":13176,"section_number":"16.1-108","catch_line":"Deposit of money in lieu of bond","url":"\/16.1-108\/","token":"16.1\/6\/3\/16.1-108","metadata":false},{"id":58518,"structure_id":13176,"section_number":"16.1-109","catch_line":"Appellate court may require new or additional security","url":"\/16.1-109\/","token":"16.1\/6\/3\/16.1-109","metadata":false},{"id":71245,"structure_id":13176,"section_number":"16.1-110","catch_line":"Bankruptcy of appellant does not release surety","url":"\/16.1-110\/","token":"16.1\/6\/3\/16.1-110","metadata":false},{"id":78313,"structure_id":13176,"section_number":"16.1-111","catch_line":"Court to which appeal sent","url":"\/16.1-111\/","token":"16.1\/6\/3\/16.1-111","metadata":false},{"id":79859,"structure_id":13176,"section_number":"16.1-112","catch_line":"All papers transmitted to appellate court; 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pro se representation","url":"\/16.1-81.1\/","token":"16.1\/6\/3\/16.1-81.1","metadata":false},{"id":80374,"structure_id":13176,"section_number":"16.1-82","catch_line":"Service of motion; return thereon and delivery to the court; how disposed of","url":"\/16.1-82\/","token":"16.1\/6\/3\/16.1-82","metadata":false},{"id":85267,"structure_id":13176,"section_number":"16.1-83","catch_line":"Consent of parties required for trial within five days of service","url":"\/16.1-83\/","token":"16.1\/6\/3\/16.1-83","metadata":false},{"id":80303,"structure_id":13176,"section_number":"16.1-83.1","catch_line":"Certification of expert witness opinion at time of service of process","url":"\/16.1-83.1\/","token":"16.1\/6\/3\/16.1-83.1","metadata":false},{"id":85207,"structure_id":13176,"section_number":"16.1-84","catch_line":"When action or proceeding not lost; when matured for hearing","url":"\/16.1-84\/","token":"16.1\/6\/3\/16.1-84","metadata":false},{"id":82898,"structure_id":13176,"section_number":"16.1-85","catch_line":"What term \"warrant\" to include","url":"\/16.1-85\/","token":"16.1\/6\/3\/16.1-85","metadata":false},{"id":81746,"structure_id":13176,"section_number":"16.1-86","catch_line":"When action deemed brought","url":"\/16.1-86\/","token":"16.1\/6\/3\/16.1-86","metadata":false},{"id":59297,"structure_id":13176,"section_number":"16.1-86.1","catch_line":"Repealed","url":"\/16.1-86.1\/","token":"16.1\/6\/3\/16.1-86.1","metadata":false},{"id":72640,"structure_id":13176,"section_number":"16.1-87","catch_line":"Repealed","url":"\/16.1-87\/","token":"16.1\/6\/3\/16.1-87","metadata":false},{"id":84650,"structure_id":13176,"section_number":"16.1-88","catch_line":"Procedure when plaintiff sues on sworn claim","url":"\/16.1-88\/","token":"16.1\/6\/3\/16.1-88","metadata":false},{"id":82741,"structure_id":13176,"section_number":"16.1-88.01","catch_line":"Counterclaims","url":"\/16.1-88.01\/","token":"16.1\/6\/3\/16.1-88.01","metadata":false},{"id":76355,"structure_id":13176,"section_number":"16.1-88.02","catch_line":"Cross-claims","url":"\/16.1-88.02\/","token":"16.1\/6\/3\/16.1-88.02","metadata":false},{"id":81566,"structure_id":13176,"section_number":"16.1-88.03","catch_line":"Pleadings and other papers by certain parties not represented by attorneys","url":"\/16.1-88.03\/","token":"16.1\/6\/3\/16.1-88.03","metadata":false},{"id":71230,"structure_id":13176,"section_number":"16.1-88.1","catch_line":"Repealed","url":"\/16.1-88.1\/","token":"16.1\/6\/3\/16.1-88.1","metadata":false},{"id":64597,"structure_id":13176,"section_number":"16.1-88.2","catch_line":"Evidence of medical reports, statements, or records; testimony of health care provider or custodian of records","url":"\/16.1-88.2\/","token":"16.1\/6\/3\/16.1-88.2","metadata":false},{"id":73502,"structure_id":13176,"section_number":"16.1-89","catch_line":"Subpoena duces tecum; attorney-issued subpoena duces tecum","url":"\/16.1-89\/","token":"16.1\/6\/3\/16.1-89","metadata":false},{"id":73564,"structure_id":13176,"section_number":"16.1-90","catch_line":"Recognizance upon continuation of case","url":"\/16.1-90\/","token":"16.1\/6\/3\/16.1-90","metadata":false},{"id":63737,"structure_id":13176,"section_number":"16.1-91","catch_line":"Repealed","url":"\/16.1-91\/","token":"16.1\/6\/3\/16.1-91","metadata":false},{"id":63754,"structure_id":13176,"section_number":"16.1-91.1","catch_line":"Costs to be included in judgment on forthcoming bond","url":"\/16.1-91.1\/","token":"16.1\/6\/3\/16.1-91.1","metadata":false},{"id":57473,"structure_id":13176,"section_number":"16.1-91.2","catch_line":"Judge to keep record of judgment on forthcoming bond; how to endorse execution","url":"\/16.1-91.2\/","token":"16.1\/6\/3\/16.1-91.2","metadata":false},{"id":74408,"structure_id":13176,"section_number":"16.1-92","catch_line":"Repealed","url":"\/16.1-92\/","token":"16.1\/6\/3\/16.1-92","metadata":false},{"id":76601,"structure_id":13176,"section_number":"16.1-93","catch_line":"Principles applicable to trial of cases","url":"\/16.1-93\/","token":"16.1\/6\/3\/16.1-93","metadata":false},{"id":83719,"structure_id":13176,"section_number":"16.1-93.1","catch_line":"Use of telephonic communication systems or electronic video and audio communication systems to conduct hearing","url":"\/16.1-93.1\/","token":"16.1\/6\/3\/16.1-93.1","metadata":false},{"id":64532,"structure_id":13176,"section_number":"16.1-94","catch_line":"Judgment to be noted on papers; formal orders may be entered","url":"\/16.1-94\/","token":"16.1\/6\/3\/16.1-94","metadata":false},{"id":77917,"structure_id":13176,"section_number":"16.1-94.01","catch_line":"When and how satisfaction entered on judgment","url":"\/16.1-94.01\/","token":"16.1\/6\/3\/16.1-94.01","metadata":false},{"id":86540,"structure_id":13176,"section_number":"16.1-94.1","catch_line":"Limitations on enforcement of district court judgments","url":"\/16.1-94.1\/","token":"16.1\/6\/3\/16.1-94.1","metadata":false},{"id":74159,"structure_id":13176,"section_number":"16.1-95","catch_line":"Abstract of judgment","url":"\/16.1-95\/","token":"16.1\/6\/3\/16.1-95","metadata":false},{"id":66824,"structure_id":13176,"section_number":"16.1-96","catch_line":"What abstract to contain","url":"\/16.1-96\/","token":"16.1\/6\/3\/16.1-96","metadata":false},{"id":61732,"structure_id":13176,"section_number":"16.1-97","catch_line":"Repealed","url":"\/16.1-97\/","token":"16.1\/6\/3\/16.1-97","metadata":false},{"id":86972,"structure_id":13176,"section_number":"16.1-97.1","catch_line":"When a new trial is granted","url":"\/16.1-97.1\/","token":"16.1\/6\/3\/16.1-97.1","metadata":false},{"id":81712,"structure_id":13176,"section_number":"16.1-98","catch_line":"Fieri facias or writ of possession on judgment","url":"\/16.1-98\/","token":"16.1\/6\/3\/16.1-98","metadata":false},{"id":64144,"structure_id":13176,"section_number":"16.1-99","catch_line":"When and where executions returnable; to whom directed","url":"\/16.1-99\/","token":"16.1\/6\/3\/16.1-99","metadata":false}],"previous_section":{"id":54194,"structure_id":13176,"section_number":"16.1-104","catch_line":"Repealed","url":"\/16.1-104\/","token":"16.1\/6\/3\/16.1-104","metadata":false},"next_section":{"id":79702,"structure_id":13176,"section_number":"16.1-106","catch_line":"Appeals from courts not of record in civil cases","url":"\/16.1-106\/","token":"16.1\/6\/3\/16.1-106","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-105\/","history_text":"

This law was first created in 1956. The record of its establishment is cataloged in chapter 555 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1956 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2010, chapter 343<\/a>.<\/p>","references":false,"refers_to":[{"id":66717,"section_number":"8.01-316","catch_line":"Service by publication; when available","order_by":null,"url":"\/8.01-316\/"},{"id":58190,"section_number":"8.01-317","catch_line":"What order of publication to state; how published; when publication in newspaper dispensed with; electronic notice","order_by":null,"url":"\/8.01-317\/"},{"id":54333,"section_number":"8.01-318","catch_line":"Within what time after publication case tried or heard; no subsequent publication required","order_by":null,"url":"\/8.01-318\/"},{"id":76043,"section_number":"8.01-320","catch_line":"Personal service outside of Virginia","order_by":null,"url":"\/8.01-320\/"},{"id":84946,"section_number":"8.01-533","catch_line":"Who may sue out attachment","order_by":null,"url":"\/8.01-533\/"}],"permalink":{"id":162421,"object_type":"law","relational_id":86498,"identifier":"16.1-105","token":"16.1\/6\/3\/16.1-105","url":"\/16.1-105\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-105\/","token":"16.1\/6\/3\/16.1-105","dublin_core":{"Title":"Attachments","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-105","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The proceedings on any attachment<\/span> brought in a court<\/span> not of record shall conform to the provisions of Chapter 20 (\u00a7 8.01-533<\/a> et seq.) of Title 8.01, but if an attachment<\/span> is returned executed and the defendant<\/span> has not been served with a copy thereof, and the amount claimed in the attachment<\/span> does not exceed $500, exclusive of interest and any attorney’s fees contracted for in the instrument, the judge<\/span> or clerk of the court<\/span>, upon affidavit<\/span> in conformity with \u00a7\u00a7 8.01-316<\/a> and 8.01-317<\/a>, shall forthwith cause a copy of the attachment<\/span> to be posted at the front door of the courthouse of the county or the front door of the courtroom of the city or town wherein the attachment<\/span> was issued, and shall file a certificate of the fact<\/span> with the papers in the case, and, in addition to such posting, the plaintiff<\/span> in the attachment<\/span> or his attorney shall give to the judge<\/span> or his clerk the last known address or place of abode of the defendant<\/span>, verified by affidavit<\/span>, and the judge<\/span> or clerk shall forthwith mail a copy of the attachment<\/span> to the defendant<\/span> at his last known address or place of abode, or if the defendant<\/span> be a corporation, at its last known address. The mailing of the copy as herein required shall be certified by the judge<\/span> or clerk in writing, and such certification shall be filed with the papers in the case. Fifteen days after the copy of the attachment<\/span> has been posted and a copy thereof mailed as herein required, the court<\/span> may hear and decide the attachment<\/span>. If the amount claimed in the attachment<\/span> is more than $500, exclusive of interest and any attorney’s fees contracted for in the instrument, an order<\/span> of publication shall be entered and published and other proceedings had in accordance with the provisions of \u00a7\u00a7 8.01-316<\/a>, 8.01-317<\/a>, 8.01-318<\/a>, and 8.01-320<\/a>. Personal service on a nonresident defendant<\/span> out of this Commonwealth as provided in \u00a7 8.01-320<\/a> shall have the same effect, and no other, as an order<\/span> of publication duly executed or the posting and mailing of a copy of the attachment<\/span> as provided herein.\n\t\tIf any such attachment<\/span> is levied on real estate, the court<\/span> shall not take cognizance of the case, but the same shall be forthwith removed to a court<\/span> of record having jurisdiction<\/span> of other actions removed therefrom, to be further proceeded with in such court<\/span> of record as if the attachment<\/span> had originated therein.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nATTACHMENTS (\u00a7 16.1-105)\n\nThe proceedings on any attachment brought in a court not of record shall conform\nto the provisions of Chapter 20 (\u00a7 8.01-533 et seq.) of Title 8.01, but if an\nattachment is returned executed and the defendant has not been served with a\ncopy thereof, and the amount claimed in the attachment does not exceed $500,\nexclusive of interest and any attorney’s fees contracted for in the\ninstrument, the judge or clerk of the court, upon affidavit in conformity with\n\u00a7\u00a7 8.01-316 and 8.01-317, shall forthwith cause a copy of the attachment to be\nposted at the front door of the courthouse of the county or the front door of\nthe courtroom of the city or town wherein the attachment was issued, and shall\nfile a certificate of the fact with the papers in the case, and, in addition to\nsuch posting, the plaintiff in the attachment or his attorney shall give to the\njudge or his clerk the last known address or place of abode of the defendant,\nverified by affidavit, and the judge or clerk shall forthwith mail a copy of the\nattachment to the defendant at his last known address or place of abode, or if\nthe defendant be a corporation, at its last known address. The mailing of the\ncopy as herein required shall be certified by the judge or clerk in writing, and\nsuch certification shall be filed with the papers in the case. Fifteen days\nafter the copy of the attachment has been posted and a copy thereof mailed as\nherein required, the court may hear and decide the attachment. If the amount\nclaimed in the attachment is more than $500, exclusive of interest and any\nattorney’s fees contracted for in the instrument, an order of publication\nshall be entered and published and other proceedings had in accordance with the\nprovisions of \u00a7\u00a7 8.01-316, 8.01-317, 8.01-318, and 8.01-320. Personal service\non a nonresident defendant out of this Commonwealth as provided in \u00a7 8.01-320\nshall have the same effect, and no other, as an order of publication duly\nexecuted or the posting and mailing of a copy of the attachment as provided\nherein.\n\t\tIf any such attachment is levied on real estate, the court shall not take\ncognizance of the case, but the same shall be forthwith removed to a court of\nrecord having jurisdiction of other actions removed therefrom, to be further\nproceeded with in such court of record as if the attachment had originated\ntherein.\n\nHISTORY: 1956, c. 555; 2010, c. 343.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}