No pleading on behalf of the plaintiff shall be necessary except the petition mentioned in § 8.01-537. The principal defendant, and any other defendant who seeks to defeat the petitioner's attachment, may demur to the petition, issue on which demurrer shall be deemed to be joined; but if such demurrer be overruled, such defendant shall answer the petition in writing. No replication shall be necessary to such answer. The answer shall be sworn to by such defendant, or his agent. Any other defendant may answer the petition, under oath, and the cause shall be deemed at issue as to him, if he denies any of the allegations of the petition, without any replication. Answers under this section shall not have the effect of evidence for the defendant.
§ 8.01-536.Pleadings in attachment.
Chapter 20. Attachments and Bail in Civil Cases · Article 1. Attachments Generally · Last amended 1977 · Last verified July 16, 2026
In one sentenceThe plaintiff’s sworn petition serves as his only pleading; a defendant can demur to it or must answer it in writing and under oath to contest the attachment, no replication is required, and the answer itself does not count as evidence in the defendant’s favor.
Full Text of § 8.01-536
Plain-English Summary
Attachment cases start light on paperwork for the plaintiff: this section makes clear that no pleading is required from him beyond the petition described in § 8.01-537. The sworn petition itself does the work an ordinary complaint would do.
Defendants have two ways to push back. The principal defendant, or any other defendant trying to defeat the attachment, can demur to the petition, challenging it as legally insufficient, with issue automatically joined on that demurrer. If the demurrer fails, the defendant then has to answer the petition in writing, under oath, without the plaintiff needing to file any reply. Other defendants can likewise answer under oath, and doing so puts the case at issue as to them if they deny the petition’s allegations, again without a reply from the plaintiff.
One quirk worth flagging: a sworn answer under this section does not count as evidence favoring the defendant. Denying an allegation puts it in dispute, but the defendant still has to prove his side at trial or hearing rather than relying on the answer itself as proof.
Frequently Asked Questions
What pleading does the plaintiff need to file besides the petition?
None. No pleading on behalf of the plaintiff is necessary except the petition mentioned in § 8.01-537.
How can a defendant challenge the petition?
By demurring to it, or by answering it in writing under oath if the demurrer is overruled.
Does the plaintiff need to file a replication to the defendant’s answer?
No, no replication shall be necessary to such answer.
Must the defendant’s answer be sworn?
Yes, the answer shall be sworn to by the defendant, or his agent.
Does filing a sworn answer count as evidence for the defendant?
No. The section states that answers under this section shall not have the effect of evidence for the defendant.
Amendment History
Code 1950, § 8-523; 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
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