                                 CODE OF VIRGINIA

ATTACHMENTS (§ 16.1-105)

The proceedings on any attachment brought in a court not of record shall conform
to the provisions of Chapter 20 (§ 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&#8217;s fees contracted for in the
instrument, the judge or clerk of the court, upon affidavit in conformity with
§§ 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&#8217;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 §§ 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 § 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.
		If 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.

HISTORY: 1956, c. 555; 2010, c. 343.