                                 CODE OF VIRGINIA

PETITION FOR ATTACHMENT; COSTS, FEES AND TAXES (§ 8.01-537)

A. Every attachment shall be commenced by a petition filed before a clerk of a
circuit or general district court of, or magistrate serving, the county or city
in which venue is given by subdivision 11 of &#xA7; 8.01-261. If it is sought to
recover specific personal property, the petition shall state (i) the kind,
quantity, and estimated fair market value thereof, (ii) the character of estate
therein claimed by the plaintiff, (iii) the plaintiff&#8217;s claim with such
certainty as will give the adverse party reasonable notice of the true nature of
the claim and the particulars thereof and (iv) what sum, if any, the plaintiff
claims an entitlement to recover for its detention. If it is sought to recover a
debt or damages for a breach of contract, express or implied, or damages for a
wrong, the petition shall set forth (i) the plaintiff&#8217;s claim with such
certainty as will give the adverse party reasonable notice of the true nature of
the claim and the particulars thereof, (ii) a sum certain which, at the least,
the plaintiff is entitled to, or ought to recover, and (iii) if based on a
contract and if the claim is for a debt not then due and payable, at what time
or times the same will become due and payable. The petition shall also allege
the existence of one or more of the grounds mentioned in &#xA7; 8.01-534, and
shall set forth specific facts in support of the allegation. The petition shall
ask for an attachment against the specific personal property mentioned in the
petition, or against the estate, real and personal, of one or more of the
principal defendants, or against the estate, real and personal, of one or more
of the principal defendants, or against both the specific personal property and
the estate of such defendants, real or personal. The petition shall state
whether the officer is requested to take possession of the attached tangible
personal property. The petition shall be sworn to by the plaintiff or the
plaintiff&#8217;s agent, or some other person cognizant of the facts therein
stated.

B. The plaintiff praying for an attachment shall, at the time the petition is
filed, pay to the magistrate or clerk of the court to which the return is made
the proper costs, fees and taxes, and in the event the plaintiff fails to do so,
the attachment shall not be issued.

HISTORY: Code 1950, §§ 8-524, 8-528; 1954, cc. 333, 622; 1973, c. 545; 1977,
c. 617; 1978, c. 418; 1984, c. 646; 1993, c. 841; 2008, cc. 551, 691; 2015, c.
639.