§ 8.01-365 — How claim of third party tried

Virginia § 8.01-365

• Jurisdiction: Virginia
• Title 8.01: Civil Remedies and Procedure
• Ch. 12: INTERPLEADER; CLAIMS OF THIRD PARTIES TO PROPERTY DISTRAINED OR LEVIED ON, ETC
• Art. 2: CLAIMS OF THIRD PARTIES TO PROPERTY DISTRAINED OR LEVIED ON

Text

When a writ of fieri facias issued from a circuit court, or a warrant of distress, is levied on property, or when a lien is acquired on money or other personal estate by virtue of § 8.01-501, and when some other person than the one against whom the process issued claims the property, money, other personal estate, or some part or the proceeds thereof, then either (i) the claimant, if such suspending bond as is hereinafter mentioned has been given, (ii) the officer having such process, if no indemnifying bond has been given, or (iii) the party who had the process issued, may apply to try the claim, by motion to the adverse party, to the circuit court of the county or city wherein the property, money, or other personal estate is located.

Legislative History

Code 1950, § 8-227; 1962, c. 10; 1977, c. 617.