§ 8.01-537. Petition for attachment; costs, fees and taxes.
A. Every attachment shall be commenced by a petition filed before a judge orclerk of a circuit or general district court of, or magistrate serving, thecounty or city in which venue is given by subdivision 11 of § 8.01-261. If itis sought to recover specific personal property, the petition shall state (i)the kind, quantity, and estimated fair market value thereof, (ii) thecharacter of estate therein claimed by the plaintiff, (iii) the plaintiff'sclaim with such certainty as will give the adverse party reasonable notice ofthe true nature of the claim and the particulars thereof and (iv) what sum,if any, the plaintiff claims he is entitled to recover for its detention. Ifit is sought to recover a debt or damages for a breach of contract, expressor implied, or damages for a wrong, the petition shall set forth (i) theplaintiff's claim with such certainty as will give the adverse partyreasonable notice of the true nature of the claim and the particularsthereof, (ii) a sum certain which, at the least, the plaintiff is entitledto, or ought to recover, and (iii) if based on a contract and if the claim isfor a debt not then due and payable, at what time or times the same willbecome due and payable. The petition shall also allege the existence of oneor more of the grounds mentioned in § 8.01-534, and shall set forth specificfacts in support of the allegation. The petition shall ask for an attachmentagainst the specific personal property mentioned in the petition, or againstthe estate, real and personal, of one or more of the principal defendants, oragainst the estate, real and personal, of one or more of the principaldefendants, or against both the specific personal property and the estate ofsuch defendants, real or personal. The petition shall state whether theofficer is requested to take possession of the attached tangible personalproperty. The petition shall be sworn to by the plaintiff or his agent, orsome other person cognizant of the facts therein stated.
B. The plaintiff praying for an attachment shall, at the time that he fileshis petition, pay to the clerk of the court to which the return is made theproper costs, fees and taxes, and in the event of his failure to do so, theattachment shall not be issued.
(Code 1950, §§ 8-524, 8-528; 1954, cc. 333, 622; 1973, c. 545; 1977, c. 617;1978, c. 418; 1984, c. 646; 1993, c. 841; 2008, cc. 551, 691.)
§ 8.01-537. Petition for attachment; costs, fees and taxes.
A. Every attachment shall be commenced by a petition filed before a judge orclerk of a circuit or general district court of, or magistrate serving, thecounty or city in which venue is given by subdivision 11 of § 8.01-261. If itis sought to recover specific personal property, the petition shall state (i)the kind, quantity, and estimated fair market value thereof, (ii) thecharacter of estate therein claimed by the plaintiff, (iii) the plaintiff'sclaim with such certainty as will give the adverse party reasonable notice ofthe true nature of the claim and the particulars thereof and (iv) what sum,if any, the plaintiff claims he is entitled to recover for its detention. Ifit is sought to recover a debt or damages for a breach of contract, expressor implied, or damages for a wrong, the petition shall set forth (i) theplaintiff's claim with such certainty as will give the adverse partyreasonable notice of the true nature of the claim and the particularsthereof, (ii) a sum certain which, at the least, the plaintiff is entitledto, or ought to recover, and (iii) if based on a contract and if the claim isfor a debt not then due and payable, at what time or times the same willbecome due and payable. The petition shall also allege the existence of oneor more of the grounds mentioned in § 8.01-534, and shall set forth specificfacts in support of the allegation. The petition shall ask for an attachmentagainst the specific personal property mentioned in the petition, or againstthe estate, real and personal, of one or more of the principal defendants, oragainst the estate, real and personal, of one or more of the principaldefendants, or against both the specific personal property and the estate ofsuch defendants, real or personal. The petition shall state whether theofficer is requested to take possession of the attached tangible personalproperty. The petition shall be sworn to by the plaintiff or his agent, orsome other person cognizant of the facts therein stated.
B. The plaintiff praying for an attachment shall, at the time that he fileshis petition, pay to the clerk of the court to which the return is made theproper costs, fees and taxes, and in the event of his failure to do so, theattachment shall not be issued.
(Code 1950, §§ 8-524, 8-528; 1954, cc. 333, 622; 1973, c. 545; 1977, c. 617;1978, c. 418; 1984, c. 646; 1993, c. 841; 2008, cc. 551, 691.)
§ 8.01-537. Petition for attachment; costs, fees and taxes.
A. Every attachment shall be commenced by a petition filed before a judge orclerk of a circuit or general district court of, or magistrate serving, thecounty or city in which venue is given by subdivision 11 of § 8.01-261. If itis sought to recover specific personal property, the petition shall state (i)the kind, quantity, and estimated fair market value thereof, (ii) thecharacter of estate therein claimed by the plaintiff, (iii) the plaintiff'sclaim with such certainty as will give the adverse party reasonable notice ofthe true nature of the claim and the particulars thereof and (iv) what sum,if any, the plaintiff claims he is entitled to recover for its detention. Ifit is sought to recover a debt or damages for a breach of contract, expressor implied, or damages for a wrong, the petition shall set forth (i) theplaintiff's claim with such certainty as will give the adverse partyreasonable notice of the true nature of the claim and the particularsthereof, (ii) a sum certain which, at the least, the plaintiff is entitledto, or ought to recover, and (iii) if based on a contract and if the claim isfor a debt not then due and payable, at what time or times the same willbecome due and payable. The petition shall also allege the existence of oneor more of the grounds mentioned in § 8.01-534, and shall set forth specificfacts in support of the allegation. The petition shall ask for an attachmentagainst the specific personal property mentioned in the petition, or againstthe estate, real and personal, of one or more of the principal defendants, oragainst the estate, real and personal, of one or more of the principaldefendants, or against both the specific personal property and the estate ofsuch defendants, real or personal. The petition shall state whether theofficer is requested to take possession of the attached tangible personalproperty. The petition shall be sworn to by the plaintiff or his agent, orsome other person cognizant of the facts therein stated.
B. The plaintiff praying for an attachment shall, at the time that he fileshis petition, pay to the clerk of the court to which the return is made theproper costs, fees and taxes, and in the event of his failure to do so, theattachment shall not be issued.
(Code 1950, §§ 8-524, 8-528; 1954, cc. 333, 622; 1973, c. 545; 1977, c. 617;1978, c. 418; 1984, c. 646; 1993, c. 841; 2008, cc. 551, 691.)
