§ 8.01-541.To whom attachments directed; when and where returned.
Chapter 20. Attachments and Bail in Civil Cases · Article 1. Attachments Generally · Last amended 1993 · Last verified July 16, 2026
Full Text of § 8.01-541
Plain-English Summary
After an attachment issues, this section handles the logistics of getting it served and back to court. It can be directed to the sheriff of any county or city, not just the locality where the case is pending, giving the plaintiff flexibility when the defendant’s property or the person holding his money sits elsewhere in the state.
Unless another provision says otherwise, the attachment has to be returned to the clerk’s office where the petition was filed within thirty days of the date it issued, a deadline that keeps attachments from lingering unserved or unresolved indefinitely.
That thirty-day return window also sets the rhythm for the rest of the chapter, including the rules in §§ 8.01-543 and 8.01-544 for what happens when service is not obtained before an attachment comes back.
Frequently Asked Questions
Who can an attachment be directed to for service?
The sheriff of any county or city.
Where must the attachment be returned?
To the office of the clerk of court wherein the petition has been filed.
How much time does the officer have to return the attachment?
Not more than thirty days from its date of issuance.
Is the thirty-day return rule absolute?
No, it applies except when otherwise provided.
Does the sheriff have to be from the same locality as the court?
No; the attachment may be directed to the sheriff of any county or city.
Amendment History
Code 1950, § 8-527; 1954, c. 333; 1977, c. 617; 1993, c. 841.