2006 Code of Virginia § 16.1-105 - Attachments

16.1-105. Attachments.

The proceedings on any attachment brought in a court not of record shallconform to the provisions of Chapter 20 ( 8.01-533 et seq.) of Title 8.01,but if an attachment is returned executed and the defendant has not beenserved with a copy thereof, and the amount claimed in the attachment does notexceed $300, exclusive of interest and any attorney's fees contracted for inthe instrument, the judge or clerk of the court, upon affidavit in conformitywith 8.01-316 and 8.01-317, shall forthwith cause a copy of the attachmentto be posted at the front door of the courthouse of the county or the frontdoor of the courtroom of the city or town wherein the attachment was issued,and shall file a certificate of the fact with the papers in the case, and, inaddition to such posting, the plaintiff in the attachment or his attorneyshall give to the judge or his clerk the last known address or place of abodeof the defendant, verified by affidavit, and the judge or clerk shallforthwith mail a copy of the attachment to the defendant at his last knownaddress or place of abode, or if the defendant be a corporation, at its lastknown address. The mailing of the copy as herein required shall be certifiedby the judge or clerk in writing, and such certification shall be filed withthe papers in the case. Fifteen days after the copy of the attachment hasbeen posted and a copy thereof mailed as herein required, the court may hearand decide the attachment. If the amount claimed in the attachment is morethan $300, exclusive of interest and any attorney's fees contracted for inthe instrument, an order of publication shall be entered and published andother proceedings had in accordance with the provisions of 8.01-316,8.01-317, 8.01-318, and 8.01-320. Personal service on a nonresident defendantout of this Commonwealth as provided in 8.01-320 shall have the sameeffect, and no other, as an order of publication duly executed or the postingand mailing of a copy of the attachment as provided herein.

If any such attachment is levied on real estate, the court shall not takecognizance of the case, but the same shall be forthwith removed to a court ofrecord having jurisdiction of other actions removed therefrom, to be furtherproceeded with in such court of record as if the attachment had originatedtherein.

(1956, c. 555.)