{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-540.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-540.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-540.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-540.html"}],"law_id":56751,"edition_id":1,"section_id":56751,"structure_id":14790,"section_number":"8.01-540","catch_line":"Issuance of attachment; against what attachment to issue","history":"Code 1950, \u00a7 8.526; 1954, c. 254; 1977, c. 617; 1984, c. 646; 1993, c. 841; 2008, cc. 551, 691.","full_text":"A judge of, or a magistrate serving, the court in which a petition for attachment is filed shall make an ex parte review of the petition. The judge or magistrate shall issue an attachment in accordance with the prayer of the petition only upon a determination that (i) there is reasonable cause to believe that grounds for attachment may exist and (ii) the petition complies with \u00a7\u00a7 8.01-534, 8.01-537, and 8.01-538. The judge or magistrate may receive evidence only in the form of a sworn petition which shall be filed in the office of the clerk of the court. If the plaintiff seeks the recovery of specific personal property, the attachment may be (i) against such property and against the principal defendant’s estate for so much as is sufficient to satisfy the probable damages for its detention or (ii) at the option of the plaintiff, against the principal defendant’s estate for the value of the specific property and the damages for its detention. If the plaintiff seeks to recover a debt or damages for the breach of a contract, express or implied, or damages for a wrong, the attachment shall be against the principal defendant’s estate for the amount specified in the petition as that which the plaintiff at the least is entitled to or ought to recover.\n\t\tIf the attachment is issued by a magistrate, it shall be returnable as prescribed by \u00a7 8.01-541. The magistrate shall promptly return to the clerk’s office of the court to which the attachment is returnable the petition and the bond, if any, filed before him. The proceedings thereafter shall be the same as if the attachment had been issued by a judge.","order_by":null,"text":{"0":{"id":207676,"text":"A judge of, or a magistrate serving, the court in which a petition for attachment is filed shall make an ex parte review of the petition. The judge or magistrate shall issue an attachment in accordance with the prayer of the petition only upon a determination that (i) there is reasonable cause to believe that grounds for attachment may exist and (ii) the petition complies with \u00a7\u00a7 8.01-534, 8.01-537, and 8.01-538. The judge or magistrate may receive evidence only in the form of a sworn petition which shall be filed in the office of the clerk of the court. If the plaintiff seeks the recovery of specific personal property, the attachment may be (i) against such property and against the principal defendant’s estate for so much as is sufficient to satisfy the probable damages for its detention or (ii) at the option of the plaintiff, against the principal defendant’s estate for the value of the specific property and the damages for its detention. If the plaintiff seeks to recover a debt or damages for the breach of a contract, express or implied, or damages for a wrong, the attachment shall be against the principal defendant’s estate for the amount specified in the petition as that which the plaintiff at the least is entitled to or ought to recover.\n\t\tIf the attachment is issued by a magistrate, it shall be returnable as prescribed by \u00a7 8.01-541. The magistrate shall promptly return to the clerk’s office of the court to which the attachment is returnable the petition and the bond, if any, filed before him. The proceedings thereafter shall be the same as if the attachment had been issued by a judge.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14790,"edition_id":1,"name":"Attachments Generally","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12873,"metadata":{},"date_created":"2026-06-26 03:49:54","date_modified":"2026-06-26 03:49:54","permalink":{"id":278567,"object_type":"structure","relational_id":14790,"identifier":"1","token":"8.01\/20\/1","url":"\/8.01\/20\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12873,"edition_id":1,"name":"Attachments and Bail in Civil Cases","identifier":"20","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":278565,"object_type":"structure","relational_id":12873,"identifier":"20","token":"8.01\/20","url":"\/8.01\/20\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":84946,"structure_id":14790,"section_number":"8.01-533","catch_line":"Who may sue out attachment","url":"\/8.01-533\/","token":"8.01\/20\/1\/8.01-533","metadata":false},{"id":76538,"structure_id":14790,"section_number":"8.01-534","catch_line":"Grounds of action for pretrial levy or seizure of attachment","url":"\/8.01-534\/","token":"8.01\/20\/1\/8.01-534","metadata":false},{"id":61296,"structure_id":14790,"section_number":"8.01-535","catch_line":"Jurisdiction of attachments; trial or hearing of issues","url":"\/8.01-535\/","token":"8.01\/20\/1\/8.01-535","metadata":false},{"id":86249,"structure_id":14790,"section_number":"8.01-536","catch_line":"Pleadings in attachment","url":"\/8.01-536\/","token":"8.01\/20\/1\/8.01-536","metadata":false},{"id":77594,"structure_id":14790,"section_number":"8.01-537","catch_line":"Petition for attachment; costs, fees and taxes","url":"\/8.01-537\/","token":"8.01\/20\/1\/8.01-537","metadata":false},{"id":57245,"structure_id":14790,"section_number":"8.01-537.1","catch_line":"Plaintiff to file bond","url":"\/8.01-537.1\/","token":"8.01\/20\/1\/8.01-537.1","metadata":false},{"id":87187,"structure_id":14790,"section_number":"8.01-538","catch_line":"Attachment of ships, boats and other vessels of more than twenty tons","url":"\/8.01-538\/","token":"8.01\/20\/1\/8.01-538","metadata":false},{"id":77506,"structure_id":14790,"section_number":"8.01-539","catch_line":"Who made defendants","url":"\/8.01-539\/","token":"8.01\/20\/1\/8.01-539","metadata":false},{"id":56751,"structure_id":14790,"section_number":"8.01-540","catch_line":"Issuance of attachment; against what attachment to issue","url":"\/8.01-540\/","token":"8.01\/20\/1\/8.01-540","metadata":false},{"id":62291,"structure_id":14790,"section_number":"8.01-541","catch_line":"To whom attachments directed; when and where returned","url":"\/8.01-541\/","token":"8.01\/20\/1\/8.01-541","metadata":false},{"id":56579,"structure_id":14790,"section_number":"8.01-542","catch_line":"Issue and execution of attachment on any day","url":"\/8.01-542\/","token":"8.01\/20\/1\/8.01-542","metadata":false},{"id":84996,"structure_id":14790,"section_number":"8.01-543","catch_line":"Issue of other attachments on original petition","url":"\/8.01-543\/","token":"8.01\/20\/1\/8.01-543","metadata":false},{"id":74420,"structure_id":14790,"section_number":"8.01-544","catch_line":"When attachment not served other attachments may issue; order of publication","url":"\/8.01-544\/","token":"8.01\/20\/1\/8.01-544","metadata":false},{"id":66495,"structure_id":14790,"section_number":"8.01-545","catch_line":"Amendments; formal defects","url":"\/8.01-545\/","token":"8.01\/20\/1\/8.01-545","metadata":false}],"previous_section":{"id":77506,"structure_id":14790,"section_number":"8.01-539","catch_line":"Who made defendants","url":"\/8.01-539\/","token":"8.01\/20\/1\/8.01-539","metadata":false},"next_section":{"id":62291,"structure_id":14790,"section_number":"8.01-541","catch_line":"To whom attachments directed; when and where returned","url":"\/8.01-541\/","token":"8.01\/20\/1\/8.01-541","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-540\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 times. 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. Those modifications are as follows: in 1954, chapter 254; in 1977, chapter 617; in 1984, chapter 646; in 1993, chapter 841; in 2008, chapters 551<\/a> and 691<\/a>.<\/p>","references":false,"refers_to":[{"id":76538,"section_number":"8.01-534","catch_line":"Grounds of action for pretrial levy or seizure of attachment","order_by":null,"url":"\/8.01-534\/"},{"id":77594,"section_number":"8.01-537","catch_line":"Petition for attachment; costs, fees and taxes","order_by":null,"url":"\/8.01-537\/"},{"id":87187,"section_number":"8.01-538","catch_line":"Attachment of ships, boats and other vessels of more than twenty tons","order_by":null,"url":"\/8.01-538\/"},{"id":62291,"section_number":"8.01-541","catch_line":"To whom attachments directed; when and where returned","order_by":null,"url":"\/8.01-541\/"}],"permalink":{"id":278601,"object_type":"law","relational_id":56751,"identifier":"8.01-540","token":"8.01\/20\/1\/8.01-540","url":"\/8.01-540\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-540\/","token":"8.01\/20\/1\/8.01-540","dublin_core":{"Title":"Issuance of attachment; against what attachment to issue","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-540","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A judge<\/span> of, or a magistrate<\/span> serving, the court<\/span> in which a petition<\/span> for attachment<\/span> is filed shall make an ex parte<\/span> review of the petition<\/span>. The judge<\/span> or magistrate<\/span> shall issue<\/span> an attachment<\/span> in accordance with the prayer of the petition<\/span> only upon a determination that (i) there is reasonable cause to believe that grounds for attachment<\/span> may exist and (ii) the petition<\/span> complies with \u00a7\u00a7 8.01-534<\/a>, 8.01-537<\/a>, and 8.01-538<\/a>. The judge<\/span> or magistrate<\/span> may receive evidence<\/span> only in the form of a sworn petition<\/span> which shall be filed in the office of the clerk of the court<\/span>. If the plaintiff<\/span> seeks the recovery of specific personal property, the attachment<\/span> may be (i) against such property and against the principal defendant<\/span>’s estate for so much as is sufficient to satisfy the probable damages<\/span> for its detention or (ii) at the option of the plaintiff<\/span>, against the principal defendant<\/span>’s estate for the value of the specific property and the damages<\/span> for its detention. If the plaintiff<\/span> seeks to recover a debt or damages<\/span> for the breach of a contract<\/span>, express or implied, or damages<\/span> for a wrong, the attachment<\/span> shall be against the principal defendant<\/span>’s estate for the amount specified in the petition<\/span> as that which the plaintiff<\/span> at the least is entitled to or ought to recover.\n\t\tIf the attachment<\/span> is issued by a magistrate<\/span>, it shall be returnable as prescribed by \u00a7 8.01-541<\/a>. The magistrate<\/span> shall promptly return to the clerk’s office of the court<\/span> to which the attachment<\/span> is returnable the petition<\/span> and the bond<\/span>, if any, filed before him. The proceedings thereafter shall be the same as if the attachment<\/span> had been issued by a judge<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nISSUANCE OF ATTACHMENT; AGAINST WHAT ATTACHMENT TO ISSUE (\u00a7 8.01-540)\n\nA judge of, or a magistrate serving, the court in which a petition for\nattachment is filed shall make an ex parte review of the petition. The judge or\nmagistrate shall issue an attachment in accordance with the prayer of the\npetition only upon a determination that (i) there is reasonable cause to believe\nthat grounds for attachment may exist and (ii) the petition complies with \u00a7\u00a7\n8.01-534, 8.01-537, and 8.01-538. The judge or magistrate may receive evidence\nonly in the form of a sworn petition which shall be filed in the office of the\nclerk of the court. If the plaintiff seeks the recovery of specific personal\nproperty, the attachment may be (i) against such property and against the\nprincipal defendant’s estate for so much as is sufficient to satisfy the\nprobable damages for its detention or (ii) at the option of the plaintiff,\nagainst the principal defendant’s estate for the value of the specific\nproperty and the damages for its detention. If the plaintiff seeks to recover a\ndebt or damages for the breach of a contract, express or implied, or damages for\na wrong, the attachment shall be against the principal defendant’s estate\nfor the amount specified in the petition as that which the plaintiff at the\nleast is entitled to or ought to recover.\n\t\tIf the attachment is issued by a magistrate, it shall be returnable as\nprescribed by \u00a7 8.01-541. The magistrate shall promptly return to the\nclerk’s office of the court to which the attachment is returnable the\npetition and the bond, if any, filed before him. The proceedings thereafter\nshall be the same as if the attachment had been issued by a judge.\n\nHISTORY: Code 1950, \u00a7 8.526; 1954, c. 254; 1977, c. 617; 1984, c. 646; 1993, c.\n841; 2008, cc. 551, 691.","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}}