Virginia Code

Va. Code Ann. § 8.01-533 (2026)

Who may sue out attachment

✓ current as of May 2026
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If any person has a claim, legal or equitable, to (i) any specific personal property, (ii) any debt, including rent, whether the debt is due and payable or not, (iii) damages for breach of any contract, express or implied, or (iv) damages for a wrong, or for a judgment for which no supersedeas or other appeal bond has been posted, he may sue out an attachment therefor on any one or more of the grounds stated in § 8.01-534. However, if the claim is for a debt not due and payable, no attachment shall be sued out when the only ground for the attachment is that the defendant or one of the defendants is a foreign corporation, or is not a resident of this Commonwealth, and has estate or debts owing to him within this Commonwealth.

Code 1950, § 8-519; 1954, c. 333; 1977, c. 617; 1986, c. 341; 1993, c. 841.

Notes of Decisions
Cited in 8 cases, 1981–2016 · leading case: Lugar v. Edmondson Oil Co., 457 U.S. 922 (1982).
Lugar v. Edmondson Oil Co., 457 U.S. 922 (1982). · cites it 4× “Va. Code § 8.01-533 (1977). [2] The prejudgment attachment procedure required only that Edmondson allege, in an ex parte petition, a belief that petitioner was disposing of or might dispose of his property in order to defeat his creditors.”
Fuller v. Hurley, 559 F. Supp. 313 (W.D. Va. 1983). · cites it 13× “See Va.Code Ann. § 8.01-533 (Repl.Vol.1977). Pursuant to the writ, United Coal Company withheld all of Fuller’s wages for the pay period, which were insufficient to satisfy the attachment.”
Meliani v. Jade Dunn Loring Metro, LLC, 286 F. Supp. 2d 741 (E.D. Va. 2003). · cites it 3× “See Va.Code §§ 8.01-533, 8.01-534, 8.01-537.1 (listing nine separate grounds of action for pretrial levy or seizure of attachment and requiring plaintiff to post a bond "at the time of suing out an attachment or other pretrial levy or seizure" equal to "at least the estimated…”
Unidyne Corp. v. Gov't of Iran, Etc., 512 F. Supp. 705 (E.D. Va. 1981). · cites it 3× “On or about December 29, 1980, Unidyne requested, and the clerk of this court executed, prejudgment attachments against some twenty-seven (27) American corporations as joint defendants, pursuant to Va. Code § 8.01-533 et seq., and Fed.R.Civ.”
Keystone Builders, Inc. v. Floor Fashions of Virginia, Inc., 829 F. Supp. 181 (W.D. Va. 1993). · cites it 5× “§ 1983 and that therefore, plaintiffs first Claim can stand only as a facial challenge to the constitutionality of Virginia’s attachment statute, codified at Va. Code Ann. §§ 8.01-533 to 8.01-576.12 (Miehie 1950) (amended 1993).”
Cadle Co. II, Inc. v. Superior Constr. & Contracting, Inc. (In Re Rice), 362 B.R. 687 (Bankr. E.D. Va. 2006). “See Code of Virginia (1950) § 8.01-533 et seq. In this case, the Cadle Company clearly falls within the statute.”
Tetra Tech Tesoro, Inc. v. Jaaat Technical Servs., LLC, 789 S.E.2d 310 (Ga. Ct. App. 2016). “01-533 (“If any person has a claim, legal or equitable, to (i) any specific personal property, (ii) any debt, including rent, whether the debt is due and payable or not, (iii) damages for breach of any contract, express or implied, or (iv) damages for a wrong, or for a judgment…”
Brin v. A Home Come True, Inc., 74 Va. Cir. 45 (Fairfax Cir. Ct. 2007). · cites it 13× “, the attachment statutes do not limit the court’s authority to determine the remaining legal issues presented in a pleading which both petitions for attachment and pleads a cause at law. An attachment is valid only if specific procedural requirements have been met.”
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