When an attachment is returned not served on a principal defendant, whether levied on property or not, further attachments and summonses may be issued until service is obtained on him, if he be a resident of the Commonwealth. If for any cause service cannot be had in the Commonwealth, upon affidavit of that fact, an order of publication shall be made against him.
§ 8.01-544.When attachment not served other attachments may issue; order of publication.
Chapter 20. Attachments and Bail in Civil Cases · Article 1. Attachments Generally · Last amended 1977 · Last verified July 16, 2026
In one sentenceIf an attachment comes back unserved on the principal defendant, the plaintiff can keep issuing more attachments and summonses until he is served, so long as the defendant is a Virginia resident; otherwise, an affidavit that service in Virginia cannot be had lets him proceed by order of publication instead.
Full Text of § 8.01-544
Plain-English Summary
An attachment does not always find its target. When one comes back unserved on the principal defendant, regardless of whether it was levied on property, this section lets the plaintiff keep trying: further attachments and summonses can issue, one after another, until service is finally obtained, as long as the defendant remains a resident of the Commonwealth.
If service in Virginia turns out to be impossible for any reason, the plaintiff is not left stuck. Filing an affidavit stating that fact lets the court order service by publication instead, the standard fallback Virginia law uses when a defendant cannot be reached through ordinary process.
This section works alongside § 8.01-543, giving a plaintiff who cannot pin down a nonresident defendant two complementary tools: repeated attachments while pursuing him within the state, and publication when in-state service proves impossible.
Frequently Asked Questions
What happens if the attachment is returned without being served on the principal defendant?
Further attachments and summonses may be issued until service is obtained on him, if he is a resident of the Commonwealth.
Does it matter whether property was levied on when the attachment went unserved?
No, this applies whether the attachment was levied on property or not.
What happens if the defendant cannot be served anywhere in Virginia?
Upon affidavit of that fact, an order of publication shall be made against him.
Is repeated re-issuance of attachments limited to residents of Virginia?
Yes, the automatic re-issuance provision is conditioned on the defendant being a resident of the Commonwealth.
What document triggers an order of publication?
An affidavit stating that for any cause service cannot be had in the Commonwealth.
Amendment History
Code 1950, § 8-531; 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
Also known as: attachment order of publication virginiaunserved attachment virginia procedureservice by publication attachment virginiareissue attachment virginia code