SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2015 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 8.01-537 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-537. Petition for attachment; costs, fees and taxes.
A. Every attachment shall be commenced by a petition filed
before a judge or 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 § 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'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 he is entitled 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'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 § 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 his the
plaintiff's agent, or some other person cognizant of the facts therein
stated.
B. The plaintiff praying for an attachment shall, at the time
that he files his 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 of his failure the plaintiff
fails to do so, the attachment shall not be issued.