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§ 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

In one sentenceThe person the plaintiff is suing becomes the “principal defendant,” while anyone who owes him money or holds his attachable property, or who claims an interest or lien in that property, is joined as a “codefendant.”

Full Text of § 8.01-539

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A person against whom the plaintiff is asserting the claim shall be made a defendant to the petition, and shall be known as a principal defendant. There shall also be made a defendant any person indebted to or having in his possession property, real or personal, belonging to a principal defendant, which is sought to be attached. There may also be made a defendant any person claiming title to, and interest in, or a lien upon the property sought to be attached. A defendant, other than a principal defendant, shall be known as a codefendant.

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.

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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