Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 20. Attachments and Bail in Civil Cases » Article 1. Attachments Generally
Virginia Code

Va. Code Ann. § 8.01-540 (2026)

Issuance of attachment; against what attachment to issue

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A judge of, or a magistrate serving, the court in which a petition for attachment is filed shall make an ex parte review of the petition. The judge or magistrate shall issue an attachment in accordance with the prayer of the petition only upon a determination that (i) there is reasonable cause to believe that grounds for attachment may exist and (ii) the petition complies with §§ 8.01-534, 8.01-537, and 8.01-538. The judge or magistrate may receive evidence only in the form of a sworn petition which shall be filed in the office of the clerk of the court. If the plaintiff seeks the recovery of specific personal property, the attachment may be (i) against such property and against the principal defendant's estate for so much as is sufficient to satisfy the probable damages for its detention or (ii) at the option of the plaintiff, against the principal defendant's estate for the value of the specific property and the damages for its detention. If the plaintiff seeks to recover a debt or damages for the breach of a contract, express or implied, or damages for a wrong, the attachment shall be against the principal defendant's estate for the amount specified in the petition as that which the plaintiff at the least is entitled to or ought to recover.

If the attachment is issued by a magistrate, it shall be returnable as prescribed by § 8.01-541. The magistrate shall promptly return to the clerk's office of the court to which the attachment is returnable the petition and the bond, if any, filed before him. The proceedings thereafter shall be the same as if the attachment had been issued by a judge.

Code 1950, § 8.526; 1954, c. 254; 1977, c. 617; 1984, c. 646; 1993, c. 841; 2008, cc. 551, 691.

Notes of Decisions
Cited in 4 cases, 1983–1997 · leading case: First Virginia Bank v. O'LEARY, 467 S.E.2d 775 (Va. 1996).
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First Virginia Bank v. O'LEARY, 467 S.E.2d 775 (Va. 1996). · cites it 2× “” See Code § 8.01-540. We conclude that these tyj ■ of process are covered by the language of Code § 6.”
Fuller v. Hurley, 559 F. Supp. 313 (W.D. Va. 1983). · cites it 6× “” Va.Code Ann. § 8.01-540 (Repl.Vol.1977) command the clerk “before whom the petition is filed” to issue an attachment.”
Keystone Builders, Inc. v. Floor Fashions of Virginia, Inc., 829 F. Supp. 181 (W.D. Va. 1993). · cites it 3× “Va. Code § 8.01-540. Virginia also requires the plaintiff seeking attachment to swear out a petition specifying the grounds for attachment and the claim against the defendant.”
Bernstein Bros. Mgmt. v. Miller, 44 Va. Cir. 69 (Fairfax Cir. Ct. 1997). · cites it 2× “Here we are dealing with attachments before judgment pursuant to Va. Code Ann. § 8.01-540 . Whatever the petitioners successfully attached was attached prior to judgment and was for the specific purpose of satisfying judgments against the defendants.”
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