Code of Virginia § 8.01-568. Quashing attachment or rendering judgment for defendant.

194 words·~1 min read·/va/title-8-01/chapter-20/8-01-568

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.