Except as provided in § 16.1-77 the jurisdiction of attachments under this chapter shall be in the circuit courts. The trial or hearing of the issues, except as otherwise provided, shall be the same, as near as may be, as in actions in personam.
§ 8.01-535.Jurisdiction of attachments; trial or hearing of issues.
Chapter 20. Attachments and Bail in Civil Cases · Article 1. Attachments Generally · Last amended 1977 · Last verified July 16, 2026
In one sentenceCircuit courts hold jurisdiction over attachments under this chapter, with the narrow exception carved out in § 16.1-77, and the trial or hearing of the issues follows the same procedure as an ordinary in personam action, as far as practicable.
Full Text of § 8.01-535
Plain-English Summary
Attachment cases in Virginia generally belong in circuit court, not general district court. This section fixes that as the default jurisdiction for attachments brought under this chapter, subject to the narrow exception carved out in § 16.1-77.
Once a case is in the right court, the section does not create a special attachment-only trial procedure. Instead, it borrows the ordinary rules: the trial or hearing of the issues proceeds, as near as may be, the same way an in personam lawsuit would, except where the attachment statutes specifically say otherwise, as with the pleading rules in § 8.01-536.
That approach keeps attachment from becoming its own procedural island; a defendant contesting an attachment gets the same kind of trial he would in an ordinary civil suit, just layered onto the attachment’s own pleading and bonding requirements.
Frequently Asked Questions
Which courts generally hear attachment cases under this chapter?
The circuit courts.
Is there an exception to circuit court jurisdiction over attachments?
Yes, as provided in § 16.1-77.
How are the issues in an attachment case tried?
The same, as near as may be, as in actions in personam.
Does this section create special attachment-only trial procedures?
No; it borrows the procedures used in ordinary personal actions except where otherwise provided.
What does § 16.1-77 concern in relation to this section?
It is the cross-referenced exception to circuit court jurisdiction over attachments under this chapter.
Amendment History
Code 1950, § 8-521; 1954, c. 333; 1977, c. 617.
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: attachment jurisdiction virginia circuit courtvirginia attachment trial procedure16.1-77 attachment jurisdictionin personam trial attachment virginia