{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-567.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-567.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-567.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-567.html"}],"law_id":80146,"edition_id":1,"section_id":80146,"structure_id":13208,"section_number":"8.01-567","catch_line":"What defense may be made to attachments","history":"Code 1950, \u00a7 8-555; 1977, c. 617.","full_text":"Any party in interest may show that the court is without jurisdiction to hear and determine the controversy.\n\t\tThe 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.\n\t\tAny 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&#8217;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 \u00a7 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 \u00a7 8.01-422 as in an action at law.\n\t\tOther defendants shall be limited to defenses personal to themselves, or which may prevent a liability upon them or their property.","order_by":null,"text":{"0":{"id":286948,"text":"Any party in interest may show that the court is without jurisdiction to hear and determine the controversy.\n\t\tThe 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.\n\t\tAny 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&#8217;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 \u00a7 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 \u00a7 8.01-422 as in an action at law.\n\t\tOther defendants shall be limited to defenses personal to themselves, or which may prevent a liability upon them or their property.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13208,"edition_id":1,"name":"Subsequent Proceedings Generally","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":12873,"metadata":{},"date_created":"2026-06-26 03:44:27","date_modified":"2026-06-26 03:44:27","permalink":{"id":278691,"object_type":"structure","relational_id":13208,"identifier":"3","token":"8.01\/20\/3","url":"\/8.01\/20\/3\/","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":56922,"structure_id":13208,"section_number":"8.01-560","catch_line":"How interest and profits of property applied in certain cases","url":"\/8.01-560\/","token":"8.01\/20\/3\/8.01-560","metadata":false},{"id":73420,"structure_id":13208,"section_number":"8.01-561","catch_line":"How property to be kept; how sold, when expensive to keep or perishable","url":"\/8.01-561\/","token":"8.01\/20\/3\/8.01-561","metadata":false},{"id":54217,"structure_id":13208,"section_number":"8.01-562","catch_line":"Examination on oath of codefendant; order and bond","url":"\/8.01-562\/","token":"8.01\/20\/3\/8.01-562","metadata":false},{"id":71029,"structure_id":13208,"section_number":"8.01-563","catch_line":"Principal defendant may claim exemption","url":"\/8.01-563\/","token":"8.01\/20\/3\/8.01-563","metadata":false},{"id":70750,"structure_id":13208,"section_number":"8.01-564","catch_line":"Procedure when codefendant fails to appear","url":"\/8.01-564\/","token":"8.01\/20\/3\/8.01-564","metadata":false},{"id":59104,"structure_id":13208,"section_number":"8.01-565","catch_line":"Suggestion that codefendant has not made full disclosure","url":"\/8.01-565\/","token":"8.01\/20\/3\/8.01-565","metadata":false},{"id":54794,"structure_id":13208,"section_number":"8.01-566","catch_line":"Who may make defense to attachment","url":"\/8.01-566\/","token":"8.01\/20\/3\/8.01-566","metadata":false},{"id":80146,"structure_id":13208,"section_number":"8.01-567","catch_line":"What defense may be made to attachments","url":"\/8.01-567\/","token":"8.01\/20\/3\/8.01-567","metadata":false},{"id":60732,"structure_id":13208,"section_number":"8.01-568","catch_line":"Quashing attachment or rendering judgment for defendant","url":"\/8.01-568\/","token":"8.01\/20\/3\/8.01-568","metadata":false},{"id":76267,"structure_id":13208,"section_number":"8.01-569","catch_line":"When petition dismissed; when retained and cause tried","url":"\/8.01-569\/","token":"8.01\/20\/3\/8.01-569","metadata":false},{"id":58938,"structure_id":13208,"section_number":"8.01-570","catch_line":"Judgment, etc., of court when claim of plaintiff established","url":"\/8.01-570\/","token":"8.01\/20\/3\/8.01-570","metadata":false},{"id":68434,"structure_id":13208,"section_number":"8.01-571","catch_line":"When defendant not served fails to appear plaintiff required to give bond","url":"\/8.01-571\/","token":"8.01\/20\/3\/8.01-571","metadata":false},{"id":56347,"structure_id":13208,"section_number":"8.01-572","catch_line":"Sale of real estate attached","url":"\/8.01-572\/","token":"8.01\/20\/3\/8.01-572","metadata":false},{"id":59328,"structure_id":13208,"section_number":"8.01-573","catch_line":"How and when claims of other persons to property tried","url":"\/8.01-573\/","token":"8.01\/20\/3\/8.01-573","metadata":false},{"id":63474,"structure_id":13208,"section_number":"8.01-574","catch_line":"Attachments in connection with pending suits or actions","url":"\/8.01-574\/","token":"8.01\/20\/3\/8.01-574","metadata":false},{"id":74103,"structure_id":13208,"section_number":"8.01-575","catch_line":"Rehearing permitted when judgment rendered on publication","url":"\/8.01-575\/","token":"8.01\/20\/3\/8.01-575","metadata":false},{"id":82674,"structure_id":13208,"section_number":"8.01-576","catch_line":"Order of court on rehearing or new trial; restitution to defendant","url":"\/8.01-576\/","token":"8.01\/20\/3\/8.01-576","metadata":false}],"previous_section":{"id":54794,"structure_id":13208,"section_number":"8.01-566","catch_line":"Who may make defense to attachment","url":"\/8.01-566\/","token":"8.01\/20\/3\/8.01-566","metadata":false},"next_section":{"id":60732,"structure_id":13208,"section_number":"8.01-568","catch_line":"Quashing attachment or rendering judgment for defendant","url":"\/8.01-568\/","token":"8.01\/20\/3\/8.01-568","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-567\/","history_text":"<p>The record of this law\u2019s original creation isn\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 1977, chapter 617.<\/p>","references":false,"refers_to":[{"id":53950,"section_number":"8.01-422","catch_line":"Pleading recoupment","order_by":null,"url":"\/8.01-422\/"},{"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\/"}],"permalink":{"id":278721,"object_type":"law","relational_id":80146,"identifier":"8.01-567","token":"8.01\/20\/3\/8.01-567","url":"\/8.01-567\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-567\/","token":"8.01\/20\/3\/8.01-567","dublin_core":{"Title":"What defense may be made to attachments","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-567","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Any <span class=\"dictionary\">party in interest<\/span> may show that the <span class=\"dictionary\">court<\/span> is without <span class=\"dictionary\">jurisdiction<\/span> to hear and determine the controversy.\n\t\tThe principal <span class=\"dictionary\">defendant<\/span>, if not served with process, may appear specially and show that the <span class=\"dictionary\">attachment<\/span> was issued on false suggestion or without sufficient cause, in which event the <span class=\"dictionary\">attachment<\/span> shall be quashed.\n\t\tAny <span class=\"dictionary\">person<\/span> claiming title to, an interest in, or a <span class=\"dictionary\">lien<\/span> upon the property attached, or any part thereof, after being admitted as a party <span class=\"dictionary\">defendant<\/span>, if not already a <span class=\"dictionary\">defendant<\/span>, and the principal <span class=\"dictionary\">defendant<\/span>, may contest the liability of the principal <span class=\"dictionary\">defendant<\/span> for the <span class=\"dictionary\">plaintiff<\/span>&#8217;s claim, in whole or in part, by proof of any manner which would constitute a good defense by the principal <span class=\"dictionary\">defendant<\/span> to an <span class=\"dictionary\">action<\/span> at <span class=\"dictionary\">law<\/span> on such claim, and may also show that the <span class=\"dictionary\">attachment<\/span> was not issued on any of the grounds set forth in \u00a7&nbsp;<a class=\"law\" title=\"Grounds of action for pretrial levy or seizure of attachment\" href=\"\/8.01-534\/\">8.01-534<\/a>, or that the <span class=\"dictionary\">plaintiff<\/span> is not likely to succeed on the merits of his underlying claim. The principal <span class=\"dictionary\">defendant<\/span> may also file <span class=\"dictionary\">counterclaims<\/span> or defenses available under \u00a7&nbsp;<a class=\"law\" title=\"Pleading recoupment\" href=\"\/8.01-422\/\">8.01-422<\/a> as in an <span class=\"dictionary\">action<\/span> at <span class=\"dictionary\">law<\/span>.\n\t\tOther <span class=\"dictionary\">defendants<\/span> shall be limited to defenses personal to themselves, or which may prevent a liability upon them or their property.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nWHAT DEFENSE MAY BE MADE TO ATTACHMENTS (\u00a7 8.01-567)\n\nAny party in interest may show that the court is without jurisdiction to hear\nand determine the controversy.\n\t\tThe principal defendant, if not served with process, may appear specially and\nshow that the attachment was issued on false suggestion or without sufficient\ncause, in which event the attachment shall be quashed.\n\t\tAny person claiming title to, an interest in, or a lien upon the property\nattached, or any part thereof, after being admitted as a party defendant, if not\nalready a defendant, and the principal defendant, may contest the liability of\nthe principal defendant for the plaintiff&#8217;s claim, in whole or in part, by\nproof of any manner which would constitute a good defense by the principal\ndefendant to an action at law on such claim, and may also show that the\nattachment was not issued on any of the grounds set forth in \u00a7 8.01-534, or\nthat the plaintiff is not likely to succeed on the merits of his underlying\nclaim. The principal defendant may also file counterclaims or defenses available\nunder \u00a7 8.01-422 as in an action at law.\n\t\tOther defendants shall be limited to defenses personal to themselves, or which\nmay prevent a liability upon them or their property.\n\nHISTORY: Code 1950, \u00a7 8-555; 1977, c. 617.","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}}