{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-568.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-568.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-568.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-568.html"}],"law_id":60732,"edition_id":1,"section_id":60732,"structure_id":13208,"section_number":"8.01-568","catch_line":"Quashing attachment or rendering judgment for defendant","history":"Code 1950, \u00a7 8-556; 1977, c. 617; 1984, c. 646.","full_text":"The court in which an attachment is pending shall, on motion of the principal defendant, or any defendant claiming title to, an interest in, or a lien upon the property attached, or any part thereof, after reasonable notice to the plaintiff, hear testimony and quash the attachment, if of opinion that (i) the attachment is invalid on its face, (ii) none of the grounds for attachment in \u00a7 8.01-534 exist, or (iii) the plaintiff is not likely to succeed on the merits of his underlying claim. The hearing shall be held not later than ten business days following the defendant’s motion. When the attachment is properly sued out, and the case is heard upon its merits, if the court is of opinion that the claim of the plaintiff is not established, final judgment shall be given for the defendant. In either case, he shall recover his costs, and damages for loss of the use of his property, and there shall be an order for the restoration of the attached effects. The plaintiff shall have the burden of proof in proceedings pursuant to this section.","order_by":null,"text":{"0":{"id":222046,"text":"The court in which an attachment is pending shall, on motion of the principal defendant, or any defendant claiming title to, an interest in, or a lien upon the property attached, or any part thereof, after reasonable notice to the plaintiff, hear testimony and quash the attachment, if of opinion that (i) the attachment is invalid on its face, (ii) none of the grounds for attachment in \u00a7 8.01-534 exist, or (iii) the plaintiff is not likely to succeed on the merits of his underlying claim. The hearing shall be held not later than ten business days following the defendant’s motion. When the attachment is properly sued out, and the case is heard upon its merits, if the court is of opinion that the claim of the plaintiff is not established, final judgment shall be given for the defendant. In either case, he shall recover his costs, and damages for loss of the use of his property, and there shall be an order for the restoration of the attached effects. The plaintiff shall have the burden of proof in proceedings pursuant to this section.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-568\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 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 1977, chapter 617; in 1984, chapter 646.<\/p>","references":[{"id":70354,"section_number":"8.01-546.2","catch_line":"Hearing on claim of exemption from levy or seizure","order_by":null,"url":"\/8.01-546.2\/"}],"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\/"}],"permalink":{"id":278725,"object_type":"law","relational_id":60732,"identifier":"8.01-568","token":"8.01\/20\/3\/8.01-568","url":"\/8.01-568\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-568\/","token":"8.01\/20\/3\/8.01-568","dublin_core":{"Title":"Quashing attachment or rendering judgment for defendant","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-568","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The court<\/span> in which an attachment<\/span> is pending shall, on motion<\/span> of the principal defendant<\/span>, or any defendant<\/span> claiming title to, an interest in, or a lien<\/span> upon the property attached, or any part thereof, after reasonable notice to the plaintiff<\/span>, hear testimony<\/span> and quash<\/span> the attachment<\/span>, if of opinion<\/span> that (i) the attachment<\/span> is invalid on its face, (ii) none of the grounds for attachment<\/span> in \u00a7 8.01-534<\/a> exist, or (iii) the plaintiff<\/span> is not likely to succeed on the merits of his underlying claim. The hearing<\/span> shall be held not later than ten business days following the defendant<\/span>’s motion<\/span>. When the attachment<\/span> is properly sued out, and the case is heard upon its merits, if the court<\/span> is of opinion<\/span> that the claim of the plaintiff<\/span> is not established, final judgment<\/span> shall be given for the defendant<\/span>. In either case, he shall recover his costs, and damages<\/span> for loss of the use of his property, and there shall be an order<\/span> for the restoration of the attached effects. The plaintiff<\/span> shall have the burden of proof<\/span> in proceedings pursuant to this section.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nQUASHING ATTACHMENT OR RENDERING JUDGMENT FOR DEFENDANT (\u00a7 8.01-568)\n\nThe court in which an attachment is pending shall, on motion of the principal\ndefendant, or any defendant claiming title to, an interest in, or a lien upon\nthe property attached, or any part thereof, after reasonable notice to the\nplaintiff, hear testimony and quash the attachment, if of opinion that (i) the\nattachment is invalid on its face, (ii) none of the grounds for attachment in \u00a7\n8.01-534 exist, or (iii) the plaintiff is not likely to succeed on the merits of\nhis underlying claim. The hearing shall be held not later than ten business days\nfollowing the defendant’s motion. When the attachment is properly sued\nout, and the case is heard upon its merits, if the court is of opinion that the\nclaim of the plaintiff is not established, final judgment shall be given for the\ndefendant. In either case, he shall recover his costs, and damages for loss of\nthe use of his property, and there shall be an order for the restoration of the\nattached effects. The plaintiff shall have the burden of proof in proceedings\npursuant to this section.\n\nHISTORY: Code 1950, \u00a7 8-556; 1977, c. 617; 1984, c. 646.","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}}