                                 CODE OF VIRGINIA

QUASHING ATTACHMENT OR RENDERING JUDGMENT FOR DEFENDANT (§ 8.01-568)

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 §
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&#8217;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.

HISTORY: Code 1950, § 8-556; 1977, c. 617; 1984, c. 646.