§ 8.01-567 — What defense may be made to attachments

Virginia § 8.01-567

• Jurisdiction: Virginia
• Title 8.01: Civil Remedies and Procedure
• Ch. 20: ATTACHMENTS AND BAIL IN CIVIL CASES
• Art. 3: SUBSEQUENT PROCEEDINGS GENERALLY

Text

Any party in interest may show that the court is without jurisdiction to hear and determine the controversy.

The principal defendant, if not served with process, may appear specially and show that the attachment was issued on false suggestion or without sufficient cause, in which event the attachment shall be quashed.

Any person claiming title to, an interest in, or a lien upon the property attached, or any part thereof, after being admitted as a party defendant, if not already a defendant, and the principal defendant, may contest the liability of the principal defendant for the plaintiff's claim, in whole or in part, by proof of any manner which would constitute a good defense by the principal defendant to an action at law on such claim, and may also show that the attachment was not issued on any of the grounds set forth in § 8.01-534, or that the plaintiff is not likely to succeed on the merits of his underlying claim. The principal defendant may also file counterclaims or defenses available under § 8.01-422 as in an action at law.

Other defendants shall be limited to defenses personal to themselves, or which may prevent a liability upon them or their property.

Legislative History

Code 1950, § 8-555; 1977, c. 617.