Chapter 20. Attachments and Bail in Civil Cases · Article 2. Summons; Levy; Lien; Bonds, Etc · Last amended 1986 · Last verified July 16, 2026
In one sentenceThis section spells out what a writ of attachment must direct the sheriff to seize — the specific property named in the petition plus enough other property to cover damages and costs, or enough of the debtor’s non-exempt property to satisfy the claim — and requires that the debtor be summoned and given an exemption-claim form.
Full Text of § 8.01-546
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Every attachment sued out against specific personal property shall command the sheriff or other officer to whom it may be directed to attach the specific property claimed in the petition, and so much more of the real and personal property of the principal defendant as shall be necessary to cover the damages for the detention of the specific property sued for and the costs of the attachment. Every other attachment shall command the sheriff or other officer to whom it may be directed to attach the property mentioned and sought to be attached in the petition, if any, and so much of the lands, tenements, goods, chattels, moneys and effects of the principal defendant not exempt from execution as will be sufficient to satisfy the plaintiff's demand, and, in case of tangible personal property, taken possession of under § 8.01-551, to keep the same safely in his possession to satisfy any judgment that may be recovered by the plaintiff in such attachment.
Every attachment sued out under this section shall also command the sheriff or other officer to summon the defendant or defendants, if he or they are found within his county or city, or any county or city wherein he may have seized property under and by virtue of such writ, to appear and answer the petition for the attachment.
Each copy of the summons shall be issued together with a form for requesting a hearing on a claim of exemption from levy or seizure as provided in § 8.01-546.1. Both documents shall be served on each defendant.
Plain-English Summary
An attachment writ is only as useful as the instructions it gives the sheriff, and this section supplies those instructions. When a creditor is chasing a specific piece of property — a car, a boat, particular goods — the writ must direct the sheriff to seize that item, plus enough of the debtor’s other real and personal property to cover the damages caused by holding onto it and the costs of the attachment itself. When the attachment instead targets a debt generally, rather than one identified item, the writ must direct the sheriff to seize enough of the debtor’s non-exempt land, goods, money, and other property to cover what the creditor claims is owed. If the sheriff takes physical possession of tangible personal property under § 8.01-551, the writ requires him to hold it securely so it remains available to satisfy any judgment the creditor eventually wins.
The writ does double duty: alongside directing the seizure, it also functions as a summons. The sheriff must notify the debtor — or any defendant found within his jurisdiction, or wherever property was seized — to appear and respond to the petition. To make sure debtors know they can protect property that the law shields from creditors, the sheriff must hand over a copy of the exemption-hearing request form described in § 8.01-546.1 along with the summons, and both papers have to be served together.
Frequently Asked Questions
What must an attachment writ tell the sheriff to seize when the creditor is after a specific item of property?
The writ must direct the sheriff to attach the specific property named in the petition, along with enough of the debtor’s other real and personal property to cover damages for detaining that item and the costs of the attachment.
What must the writ direct when the attachment is not aimed at one specific item?
It must direct the sheriff to seize enough of the debtor’s non-exempt land, goods, money, and other property to satisfy the amount the creditor claims is owed.
Does the debtor get notified of the attachment?
Yes. The same writ commands the sheriff to summon the debtor — or any defendant found in the jurisdiction, or anywhere property was seized under the writ — to appear and answer the petition.
What happens if the sheriff physically takes possession of the debtor’s property?
When the sheriff takes possession of tangible personal property under § 8.01-551, this section requires him to keep it safely in his custody so it remains available to satisfy any judgment the creditor eventually recovers.
What else must be served on the debtor besides the summons?
A form for requesting a hearing on a claim of exemption from levy or seizure, as described in § 8.01-546.1, must be issued with each copy of the summons, and both documents must be served on every defendant.
Amendment History
Code 1950, § 8-533; 1977, c. 617; 1986, c. 341.
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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