Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 20. Attachments and Bail in Civil Cases » Article 3. Subsequent Proceedings Generally
Virginia Code

Va. Code Ann. § 8.01-568 (2026)

Quashing attachment or rendering judgment for defendant

✓ laws through the 2026 session (checked Sept. 2026)
Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

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'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.

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

Notes of Decisions
Cited in 3 cases, 1981–1993 · leading case: Keystone Builders, Inc. v. Floor Fashions of Virginia, Inc., 829 F. Supp. 181 (W.D. Va. 1993).
Sort: Relevance Newest Treatment
Keystone Builders, Inc. v. Floor Fashions of Virginia, Inc., 829 F. Supp. 181 (W.D. Va. 1993). · cites it 6× “Va.Code § 8.01-568. Thus, Virginia has extensive precautions against erroneous deprivation of private property under prejudgment attachment.”
Fuller v. Hurley, 559 F. Supp. 313 (W.D. Va. 1983). · cites it 2× “The debtor is afforded the opportunity to discount the validity of the underlying debt, Va.Code Ann. § 8.01-568 (Repl.Vol.1977), but this court must question whether the state court would seriously consider a nonresident’s pleas that a Virginia statute operates…”
Bowman v. DeLong, 2 Va. Cir. 53 (Henrico Cir. Ct. 1981). · cites it 3× “" Section 8.01-568 permits a motion to quash ".”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.