§ 8.01-538.Attachment of ships, boats and other vessels of more than twenty tons.
Chapter 20. Attachments and Bail in Civil Cases · Article 1. Attachments Generally · Last amended 1977 · Last verified July 16, 2026
In one sentenceAttaching a ship, boat, or vessel over twenty tons requires the plaintiff to first convince the court he has a reasonable expectation of recovering at least half the damages he is demanding, after notice and a hearing to set the recovery estimate and release bond, or the attachment creates no valid lien at all.
Full Text of § 8.01-538
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No attachment against any ship, boat, or other vessel of more than twenty tons, shall issue unless the plaintiff or someone in his behalf, shall first establish, to the satisfaction of the court in which he files his petition for attachment that he has a reasonable expectation of recovering an amount exclusive of all costs, equal to at least one-half the damages demanded in the petition for attachment. Reasonable notice of appearance before the court shall be given the owner, agent or master of said vessel, and at the time of the appearance the court shall determine the amount of such reasonable expectation of recovery and the amount of bond necessary to secure the release of the vessel if and when a writ be levied in accordance with this section.
No attachment issued in violation of the provisions of this section shall create a valid lien upon the property sought to be attached, and no levy made under authority thereof shall be of any effect.
Plain-English Summary
Attaching a large vessel gets its own, more demanding procedure. For any ship, boat, or other vessel over twenty tons, the plaintiff has to do more than file a sworn petition alleging a ground under § 8.01-534; he must first satisfy the court that he has a reasonable expectation of recovering, apart from costs, at least half of the damages he is demanding.
That showing happens at a hearing, not through an ex parte review: the vessel’s owner, agent, or master gets reasonable notice and an opportunity to appear, and the court uses that appearance to fix both the amount of the plaintiff’s reasonable expectation of recovery and the bond needed to release the vessel if it is later levied on.
The stakes for skipping this process are steep. An attachment against a vessel over twenty tons issued without following this section creates no valid lien at all, and any levy carried out under it has no legal effect, a built-in safeguard against tying up large, valuable vessels on thin allegations.
Frequently Asked Questions
What size vessel triggers this heightened procedure?
Any ship, boat, or other vessel of more than twenty tons.
What must the plaintiff prove before the attachment can issue?
A reasonable expectation of recovering, exclusive of all costs, an amount equal to at least one-half the damages demanded in the petition.
Who gets notice of the court appearance, and why?
The owner, agent, or master of the vessel, so the court can determine the reasonable expectation of recovery and the bond needed to secure the vessel’s release if levied.
What does the court decide at that appearance?
The amount of such reasonable expectation of recovery and the amount of bond necessary to secure the release of the vessel if a writ is levied.
What happens if an attachment issues without following this section?
It creates no valid lien upon the property sought to be attached, and no levy made under it has any effect.
Amendment History
Code 1950, § 8-524.1; 1954, c. 254; 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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