§ 8.01-540. Issuance of attachment; against what attachment to issue.
A judge of, or a magistrate serving, the court in which a petition forattachment is filed shall make an ex parte review of the petition. The judgeor magistrate shall issue an attachment in accordance with the prayer of thepetition only upon a determination that (i) there is reasonable cause tobelieve that grounds for attachment may exist and (ii) the petition complieswith §§ 8.01-534, 8.01-537, and 8.01-538. The judge or magistrate may receiveevidence only in the form of a sworn petition which shall be filed in theoffice of the clerk of the court. If the plaintiff seeks the recovery ofspecific personal property, the attachment may be (i) against such propertyand against the principal defendant's estate for so much as is sufficient tosatisfy the probable damages for its detention or (ii) at the option of theplaintiff, against the principal defendant's estate for the value of thespecific property and the damages for its detention. If the plaintiff seeksto recover a debt or damages for the breach of a contract, express orimplied, or damages for a wrong, the attachment shall be against theprincipal defendant's estate for the amount specified in the petition as thatwhich the plaintiff at the least is entitled to or ought to recover.
If the attachment is issued by a magistrate, it shall be returnable asprescribed by § 8.01-541. The magistrate shall promptly return to the clerk'soffice of the court to which the attachment is returnable the petition andthe bond, if any, filed before him. The proceedings thereafter shall be thesame as if the attachment had been issued by a judge.
(Code 1950, § 8.526; 1954, c. 254; 1977, c. 617; 1984, c. 646; 1993, c. 841;2008, cc. 551, 691.)
§ 8.01-540. Issuance of attachment; against what attachment to issue.
A judge of, or a magistrate serving, the court in which a petition forattachment is filed shall make an ex parte review of the petition. The judgeor magistrate shall issue an attachment in accordance with the prayer of thepetition only upon a determination that (i) there is reasonable cause tobelieve that grounds for attachment may exist and (ii) the petition complieswith §§ 8.01-534, 8.01-537, and 8.01-538. The judge or magistrate may receiveevidence only in the form of a sworn petition which shall be filed in theoffice of the clerk of the court. If the plaintiff seeks the recovery ofspecific personal property, the attachment may be (i) against such propertyand against the principal defendant's estate for so much as is sufficient tosatisfy the probable damages for its detention or (ii) at the option of theplaintiff, against the principal defendant's estate for the value of thespecific property and the damages for its detention. If the plaintiff seeksto recover a debt or damages for the breach of a contract, express orimplied, or damages for a wrong, the attachment shall be against theprincipal defendant's estate for the amount specified in the petition as thatwhich the plaintiff at the least is entitled to or ought to recover.
If the attachment is issued by a magistrate, it shall be returnable asprescribed by § 8.01-541. The magistrate shall promptly return to the clerk'soffice of the court to which the attachment is returnable the petition andthe bond, if any, filed before him. The proceedings thereafter shall be thesame as if the attachment had been issued by a judge.
(Code 1950, § 8.526; 1954, c. 254; 1977, c. 617; 1984, c. 646; 1993, c. 841;2008, cc. 551, 691.)
§ 8.01-540. Issuance of attachment; against what attachment to issue.
A judge of, or a magistrate serving, the court in which a petition forattachment is filed shall make an ex parte review of the petition. The judgeor magistrate shall issue an attachment in accordance with the prayer of thepetition only upon a determination that (i) there is reasonable cause tobelieve that grounds for attachment may exist and (ii) the petition complieswith §§ 8.01-534, 8.01-537, and 8.01-538. The judge or magistrate may receiveevidence only in the form of a sworn petition which shall be filed in theoffice of the clerk of the court. If the plaintiff seeks the recovery ofspecific personal property, the attachment may be (i) against such propertyand against the principal defendant's estate for so much as is sufficient tosatisfy the probable damages for its detention or (ii) at the option of theplaintiff, against the principal defendant's estate for the value of thespecific property and the damages for its detention. If the plaintiff seeksto recover a debt or damages for the breach of a contract, express orimplied, or damages for a wrong, the attachment shall be against theprincipal defendant's estate for the amount specified in the petition as thatwhich the plaintiff at the least is entitled to or ought to recover.
If the attachment is issued by a magistrate, it shall be returnable asprescribed by § 8.01-541. The magistrate shall promptly return to the clerk'soffice of the court to which the attachment is returnable the petition andthe bond, if any, filed before him. The proceedings thereafter shall be thesame as if the attachment had been issued by a judge.
(Code 1950, § 8.526; 1954, c. 254; 1977, c. 617; 1984, c. 646; 1993, c. 841;2008, cc. 551, 691.)
