§ 8.01-543.Issue of other attachments on original petition.
Chapter 20. Attachments and Bail in Civil Cases · Article 1. Attachments Generally · Last amended 1984 · Last verified July 16, 2026
In one sentenceOn the plaintiff’s written application, the clerk can issue further attachments off the same original petition, but if the plaintiff is relying on new grounds or targeting a vessel over twenty tons, a judge or magistrate must first review an amended, sworn petition under the same standards as the original attachment.
Full Text of § 8.01-543
Text size
Upon the written application of the plaintiff, his agent or attorney, other attachments founded on the original petition may be issued from time to time by the clerk of the court in which the original attachment is pending, and the same may be directed, executed, and returned in like manner as an original attachment. However, the clerk shall not issue an attachment where new or additional grounds of attachment are relied upon or where any ship, boat or vessel of more than twenty tons is sought to be attached.
If new or additional grounds of attachment are relied on, the plaintiff may amend his petition in accordance with Rule of Court 1:8 according to the facts and swear to the same. Except as otherwise provided in this section, an additional attachment as prayed for shall be issued by a judge or magistrate only upon his determination that (i) there
is reasonable cause to believe that the grounds for attachment may exist and (ii) that the amended petition complies with §§ 8.01-534 and 8.01-537. Where any ship, boat, or other vessel of more than twenty tons is sought to be attached, a judge or magistrate shall issue the additional attachment only on his determination that § 8.01-538 has been complied with. The cause shall proceed, under the provisions of this chapter, upon the petition as amended.
The court shall adjudge the costs of such attachments as it deems proper.
The following, or its equivalent, shall be a sufficient form of application for an additional attachment:
To A.B., clerk of the __________ court of __________ county (or city): In the case of __________ v. __________, on an attachment, an additional attachment and summons is requested to be issued against __________ X.Y. (or X.Y. by H., attorney or agent, as the case may be).
Plain-English Summary
A plaintiff who wins an initial attachment often discovers more assets, or more debtors holding the principal defendant’s property, after the fact. This section lets him chase those down without starting over: on his written application, the clerk of the court where the original attachment is pending can issue further attachments founded on the same original petition, directed, executed, and returned the same way as the first one.
That streamlined path has two exceptions. The clerk cannot issue a follow-on attachment on his own if the plaintiff is relying on new or additional grounds beyond what the original petition alleged, or if the target is a ship, boat, or vessel over twenty tons. In either case, the matter has to go back before a judge or magistrate: the plaintiff amends the petition under Rule of Court 1:8 and swears to the amended version, and the judge or magistrate applies the same reasonable-cause and compliance review used for the original attachment under §§ 8.01-534 and 8.01-537, and § 8.01-538 for large vessels.
The section even supplies a model form for requesting an additional attachment, and it leaves the costs of these follow-on attachments to the court’s judgment, a practical nod to how often attachment litigation unfolds in stages as a plaintiff locates more of a debtor’s property.
Frequently Asked Questions
Who can issue additional attachments based on the original petition?
The clerk of the court in which the original attachment is pending, upon the written application of the plaintiff, his agent, or attorney.
When can the clerk not issue an additional attachment on his own?
Where new or additional grounds of attachment are relied upon, or where any ship, boat, or vessel of more than twenty tons is sought to be attached.
What must the plaintiff do if he wants to rely on new grounds for an additional attachment?
Amend his petition in accordance with Rule of Court 1:8 and swear to it.
What standard governs a judge or magistrate issuing an additional attachment on an amended petition?
Reasonable cause to believe grounds for attachment may exist, and that the amended petition complies with §§ 8.01-534 and 8.01-537.
What happens to costs of these additional attachments?
The court shall adjudge the costs of such attachments as it deems proper.
Amendment History
Code 1950, § 8-530; 1977, c. 617; 1984, c. 646.
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
Also known as:additional attachment virginiaamend attachment petition virginia rule 1:8clerk issue additional attachment virginianew grounds attachment virginia