§ 8.01-539.Who made defendants.
Chapter 20. Attachments and Bail in Civil Cases · Article 1. Attachments Generally · Last amended 1977 · Last verified July 16, 2026
Full Text of § 8.01-539
Plain-English Summary
An attachment proceeding can involve more parties than a typical lawsuit, and this section sorts out their roles. The person the plaintiff is pursuing, the one who owes the debt or committed the wrong, is the “principal defendant.”
Because attachment often means reaching property or money in someone else’s hands, the section also requires joining anyone who owes the principal defendant money, or who holds property belonging to him, that the plaintiff wants attached. A bank holding the principal defendant’s account, or an employer owing him wages, fits this description and must be brought into the case. The plaintiff may also, though is not required to, join anyone claiming title to, an interest in, or a lien upon the property targeted for attachment, letting competing claimants sort out priority in the same proceeding.
Every defendant besides the principal defendant goes by a single label: “codefendant.” That terminology matters elsewhere in the chapter, since other sections in this article distinguish what the principal defendant can do, like demurring or answering to defeat the attachment, from what codefendants can do.
Frequently Asked Questions
Who is the “principal defendant”?
The person against whom the plaintiff is asserting the claim.
Who else must be made a defendant?
Any person indebted to, or having in his possession property belonging to, the principal defendant, which is sought to be attached.
Who may, but is not required to, be made a defendant?
Anyone claiming title to, and interest in, or a lien upon the property sought to be attached.
What is a defendant other than the principal defendant called?
A codefendant.
Would a bank holding the principal defendant’s funds need to be joined?
If it is indebted to the principal defendant or holds property sought to be attached, yes, it must be made a defendant.
Amendment History
Code 1950, § 8-525; 1977, c. 617.