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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>86498</law_id><section_number>16.1-105</section_number><catch_line>Attachments</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="16.1">Courts Not of Record</unit><unit label="chapter" level="2" order_by="1" identifier="6">Venue, Jurisdiction and Procedure in Civil Matters</unit><unit label="article" level="3" order_by="1" identifier="3">Procedure in Civil Cases</unit></structure><text>
						<section><p>The proceedings on any <span class="dictionary">attachment</span> brought in a <span class="dictionary">court</span> not of record shall conform to the provisions of Chapter 20 (&#xA7;&#xA0;<a class="law" title="Who may sue out attachment" href="/8.01-533/">8.01-533</a> et seq.) of Title 8.01, but if an <span class="dictionary">attachment</span> is returned executed and the <span class="dictionary">defendant</span> has not been served with a copy thereof, and the amount claimed in the <span class="dictionary">attachment</span> does not exceed $500, exclusive of interest and any attorney&#x2019;s fees contracted for in the instrument, the <span class="dictionary">judge</span> or clerk of the <span class="dictionary">court</span>, upon <span class="dictionary">affidavit</span> in conformity with &#xA7;&#xA7;&#xA0;<a class="law" title="Service by publication; when available" href="/8.01-316/">8.01-316</a> and <a class="law" title="What order of publication to state; how published; when publication in newspaper dispensed with; electronic notice" href="/8.01-317/">8.01-317</a>, shall forthwith cause a copy of the <span class="dictionary">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 <span class="dictionary">attachment</span> was issued, and shall file a certificate of the <span class="dictionary">fact</span> with the papers in the case, and, in addition to such posting, the <span class="dictionary">plaintiff</span> in the <span class="dictionary">attachment</span> or his attorney shall give to the <span class="dictionary">judge</span> or his clerk the last known address or place of abode of the <span class="dictionary">defendant</span>, verified by <span class="dictionary">affidavit</span>, and the <span class="dictionary">judge</span> or clerk shall forthwith mail a copy of the <span class="dictionary">attachment</span> to the <span class="dictionary">defendant</span> at his last known address or place of abode, or if the <span class="dictionary">defendant</span> be a corporation, at its last known address. The mailing of the copy as herein required shall be certified by the <span class="dictionary">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 <span class="dictionary">attachment</span> has been posted and a copy thereof mailed as herein required, the <span class="dictionary">court</span> may hear and decide the <span class="dictionary">attachment</span>. If the amount claimed in the <span class="dictionary">attachment</span> is more than $500, exclusive of interest and any attorney&#x2019;s fees contracted for in the instrument, an <span class="dictionary">order</span> of publication shall be entered and published and other proceedings had in accordance with the provisions of &#xA7;&#xA7;&#xA0;<a class="law" title="Service by publication; when available" href="/8.01-316/">8.01-316</a>, <a class="law" title="What order of publication to state; how published; when publication in newspaper dispensed with; electronic notice" href="/8.01-317/">8.01-317</a>, <a class="law" title="Within what time after publication case tried or heard; no subsequent publication required" href="/8.01-318/">8.01-318</a>, and <a class="law" title="Personal service outside of Virginia" href="/8.01-320/">8.01-320</a>. Personal service on a nonresident <span class="dictionary">defendant</span> out of this Commonwealth as provided in &#xA7;&#xA0;<a class="law" title="Personal service outside of Virginia" href="/8.01-320/">8.01-320</a> shall have the same effect, and no other, as an <span class="dictionary">order</span> of publication duly executed or the posting and mailing of a copy of the <span class="dictionary">attachment</span> as provided herein.
		If any such <span class="dictionary">attachment</span> is levied on real estate, the <span class="dictionary">court</span> shall not take cognizance of the case, but the same shall be forthwith removed to a <span class="dictionary">court</span> of record having <span class="dictionary">jurisdiction</span> of other actions removed therefrom, to be further proceeded with in such <span class="dictionary">court</span> of record as if the <span class="dictionary">attachment</span> had originated therein.</p></section></text><history>1956, c. 555; 2010, c. 343.</history><metadata></metadata></law>
