§ 8.01-534. Grounds of action for pretrial levy or seizure of attachment.
A. It shall be sufficient ground for an action for pretrial levy or seizureor an attachment that the principal defendant or one of the principaldefendants:
1. Is a foreign corporation, or is not a resident of this Commonwealth, andhas estate or has debts owing to such defendant within the county or city inwhich the attachment is, or that such defendant being a nonresident of thisCommonwealth, is entitled to the benefit of any lien, legal or equitable, onproperty, real or personal, within the county or city in which the attachmentis. The word "estate," as herein used, includes all rights or interests ofa pecuniary nature which can be protected, enforced, or proceeded against incourts of law or equity;
2. Is removing or is about to remove himself out of this Commonwealth withintent to change his domicile;
3. Intends to remove, or is removing, or has removed the specific propertysued for, or his own estate, or the proceeds of the sale of his property, ora material part of such estate or proceeds, out of this Commonwealth so thatthere will probably not be therein effects of such debtor sufficient tosatisfy the claim when judgment is obtained therefor should only the ordinaryprocess of law be used to obtain the judgment;
4. Is converting, is about to convert or has converted his property ofwhatever kind, or some part thereof, into money, securities or evidences ofdebt with intent to hinder, delay, or defraud his creditors;
5. Has assigned or disposed of or is about to assign or dispose of hisestate, or some part thereof, with intent to hinder, delay or defraud hiscreditors;
6. Has absconded or is about to abscond or has concealed or is about toconceal himself or his property to the injury of his creditors, or is afugitive from justice.
The intent mentioned in subdivisions 4 and 5 above may be stated either inthe alternative or conjunctive.
B. It shall be sufficient ground for an action for pretrial levy or seizureor an attachment if the specific personal property sought to be levied orseized:
1. Will be sold, removed, secreted or otherwise disposed of by the defendant,in violation of an obligation to the plaintiff, so as not to be forthcomingto answer the final judgment of the court respecting the same; or
2. Will be destroyed, or materially damaged or injured if permitted to remainin the possession of the principal defendant or one of the principaldefendants or other person or persons claiming under them.
C. In an action for rent, it also shall be a sufficient ground if there is animmediate danger that the property subject to the landlord's lien for rentwill be destroyed or concealed.
(Code 1950, § 8-520; 1954, c. 333; 1977, c. 617; 1993, c. 841.)
§ 8.01-534. Grounds of action for pretrial levy or seizure of attachment.
A. It shall be sufficient ground for an action for pretrial levy or seizureor an attachment that the principal defendant or one of the principaldefendants:
1. Is a foreign corporation, or is not a resident of this Commonwealth, andhas estate or has debts owing to such defendant within the county or city inwhich the attachment is, or that such defendant being a nonresident of thisCommonwealth, is entitled to the benefit of any lien, legal or equitable, onproperty, real or personal, within the county or city in which the attachmentis. The word "estate," as herein used, includes all rights or interests ofa pecuniary nature which can be protected, enforced, or proceeded against incourts of law or equity;
2. Is removing or is about to remove himself out of this Commonwealth withintent to change his domicile;
3. Intends to remove, or is removing, or has removed the specific propertysued for, or his own estate, or the proceeds of the sale of his property, ora material part of such estate or proceeds, out of this Commonwealth so thatthere will probably not be therein effects of such debtor sufficient tosatisfy the claim when judgment is obtained therefor should only the ordinaryprocess of law be used to obtain the judgment;
4. Is converting, is about to convert or has converted his property ofwhatever kind, or some part thereof, into money, securities or evidences ofdebt with intent to hinder, delay, or defraud his creditors;
5. Has assigned or disposed of or is about to assign or dispose of hisestate, or some part thereof, with intent to hinder, delay or defraud hiscreditors;
6. Has absconded or is about to abscond or has concealed or is about toconceal himself or his property to the injury of his creditors, or is afugitive from justice.
The intent mentioned in subdivisions 4 and 5 above may be stated either inthe alternative or conjunctive.
B. It shall be sufficient ground for an action for pretrial levy or seizureor an attachment if the specific personal property sought to be levied orseized:
1. Will be sold, removed, secreted or otherwise disposed of by the defendant,in violation of an obligation to the plaintiff, so as not to be forthcomingto answer the final judgment of the court respecting the same; or
2. Will be destroyed, or materially damaged or injured if permitted to remainin the possession of the principal defendant or one of the principaldefendants or other person or persons claiming under them.
C. In an action for rent, it also shall be a sufficient ground if there is animmediate danger that the property subject to the landlord's lien for rentwill be destroyed or concealed.
(Code 1950, § 8-520; 1954, c. 333; 1977, c. 617; 1993, c. 841.)
§ 8.01-534. Grounds of action for pretrial levy or seizure of attachment.
A. It shall be sufficient ground for an action for pretrial levy or seizureor an attachment that the principal defendant or one of the principaldefendants:
1. Is a foreign corporation, or is not a resident of this Commonwealth, andhas estate or has debts owing to such defendant within the county or city inwhich the attachment is, or that such defendant being a nonresident of thisCommonwealth, is entitled to the benefit of any lien, legal or equitable, onproperty, real or personal, within the county or city in which the attachmentis. The word "estate," as herein used, includes all rights or interests ofa pecuniary nature which can be protected, enforced, or proceeded against incourts of law or equity;
2. Is removing or is about to remove himself out of this Commonwealth withintent to change his domicile;
3. Intends to remove, or is removing, or has removed the specific propertysued for, or his own estate, or the proceeds of the sale of his property, ora material part of such estate or proceeds, out of this Commonwealth so thatthere will probably not be therein effects of such debtor sufficient tosatisfy the claim when judgment is obtained therefor should only the ordinaryprocess of law be used to obtain the judgment;
4. Is converting, is about to convert or has converted his property ofwhatever kind, or some part thereof, into money, securities or evidences ofdebt with intent to hinder, delay, or defraud his creditors;
5. Has assigned or disposed of or is about to assign or dispose of hisestate, or some part thereof, with intent to hinder, delay or defraud hiscreditors;
6. Has absconded or is about to abscond or has concealed or is about toconceal himself or his property to the injury of his creditors, or is afugitive from justice.
The intent mentioned in subdivisions 4 and 5 above may be stated either inthe alternative or conjunctive.
B. It shall be sufficient ground for an action for pretrial levy or seizureor an attachment if the specific personal property sought to be levied orseized:
1. Will be sold, removed, secreted or otherwise disposed of by the defendant,in violation of an obligation to the plaintiff, so as not to be forthcomingto answer the final judgment of the court respecting the same; or
2. Will be destroyed, or materially damaged or injured if permitted to remainin the possession of the principal defendant or one of the principaldefendants or other person or persons claiming under them.
C. In an action for rent, it also shall be a sufficient ground if there is animmediate danger that the property subject to the landlord's lien for rentwill be destroyed or concealed.
(Code 1950, § 8-520; 1954, c. 333; 1977, c. 617; 1993, c. 841.)
