If any person has a claim, legal or equitable, to (i) any specific personal property, (ii) any debt, including rent, whether the debt is due and payable or not, (iii) damages for breach of any contract, express or implied, or (iv) damages for a wrong, or for a judgment for which no supersedeas or other appeal bond has been posted, he may sue out an attachment therefor on any one or more of the grounds stated in § 8.01-534. However, if the claim is for a debt not due and payable, no attachment shall be sued out when the only ground for the attachment is that the defendant or one of the defendants is a foreign corporation, or is not a resident of this Commonwealth, and has estate or debts owing to him within this Commonwealth.
§ 8.01-533.Who may sue out attachment.
Chapter 20. Attachments and Bail in Civil Cases · Article 1. Attachments Generally · Last amended 1993 · Last verified July 16, 2026
In one sentenceAnyone with a legal or equitable claim to specific property, a debt due or not, contract damages, tort damages, or an unpaid and unbonded judgment can sue out an attachment on one of the statutory grounds, except that a debt not yet due cannot be attached solely because the defendant is a nonresident or foreign corporation with assets in Virginia.
Full Text of § 8.01-533
Plain-English Summary
This section opens Virginia’s attachment chapter by defining who can use the remedy and for what. An attachment lets a creditor reach a debtor’s property before judgment, and this section makes it available for a broad range of claims: a legal or equitable interest in specific personal property, a debt including rent, whether or not it is yet due, damages for breach of a contract, damages for a tort, or a judgment that remains unpaid because no supersedeas or other appeal bond has been posted.
That breadth comes with one built-in check. If the debt is not yet due and payable, the creditor cannot attach solely because the defendant is a foreign corporation or a nonresident who happens to have property or debts owed to him in Virginia; that ground alone is not enough when the debt has not matured. To attach on an unmatured debt, the plaintiff needs one of the other grounds set out in § 8.01-534, which typically involve some kind of misconduct or flight risk, not mere nonresidency.
In practice, this section is the gateway: it tells a prospective plaintiff what kind of claim qualifies before he even gets to proving the specific grounds required to reach the property.
Frequently Asked Questions
What kinds of claims support an attachment?
Claims to specific personal property, debts (including rent, due and payable or not), damages for breach of contract, and damages for a wrong, or a judgment for which no supersedeas or other appeal bond has been posted.
Does a debt have to be due and payable to be attached?
Not necessarily; the claim can be for a debt whether it is due and payable or not, subject to the exception below.
What is the exception for debts not yet due?
No attachment shall be sued out if the only ground for it is that the defendant is a foreign corporation or nonresident with estate or debts owed to him in Virginia.
Can a judgment creditor use attachment?
Yes, for a judgment for which no supersedeas or other appeal bond has been posted.
Where are the actual grounds for attachment listed?
Section 8.01-534.
Amendment History
Code 1950, § 8-519; 1954, c. 333; 1977, c. 617; 1986, c. 341; 1993, c. 841.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: virginia who can attach propertyprejudgment attachment virginia eligibilitysue out attachment virginia codeattachment debt not due virginia