If the attachment be against a principal defendant who is a nonresident or an absconding debtor, the attachment may also direct the sheriff or other officer to levy the same on any remainder, vested or contingent, of the principal defendant, or so much thereof as may be sufficient to pay the amount for which it issues. But no such remainder shall be sold until it becomes vested. A judgment, however, ascertaining the amount due the plaintiff may be docketed as other judgments are docketed, but unless it be a personal judgment, it shall be a lien only on the property levied on.
§ 8.01-547.Attachment against remainders.
Chapter 20. Attachments and Bail in Civil Cases · Article 2. Summons; Levy; Lien; Bonds, Etc · Last amended 1977 · Last verified July 16, 2026
In one sentenceWhen the principal defendant is a nonresident or absconding debtor, an attachment may also reach a vested or contingent remainder interest the debtor holds, though the remainder cannot be sold until it vests, and any resulting judgment is a lien only on the property attached unless it is a personal judgment.
Full Text of § 8.01-547
Plain-English Summary
Some debtors do not own property outright today but stand to inherit or receive it later — a remainder interest that will not become theirs to control until some earlier interest ends. When that debtor is a nonresident or has skipped town, this section lets a creditor reach that future interest through attachment, whether the remainder is vested (certain to take effect) or contingent (dependent on some condition still unresolved).
The statute draws a firm line, though: however the attachment reaches the remainder, nobody can force a sale of it until it vests — a contingent interest that might never materialize cannot be sold to satisfy a debt today. In the meantime, the court can enter a judgment fixing the amount the creditor is owed and docket it the way any other judgment is docketed. But unless that judgment is a personal judgment against the debtor, it works only as a lien on the specific property that was levied on, not as a broader claim against everything the debtor owns.
Frequently Asked Questions
Can a creditor attach property a debtor has not yet received?
Yes, if the principal defendant is a nonresident or an absconding debtor, the attachment may reach any vested or contingent remainder interest belonging to that defendant.
Can a remainder interest reached by attachment be sold right away?
No. The remainder cannot be sold until it becomes vested, no matter when the attachment is levied.
What can a court do before the remainder vests?
The court may enter and docket a judgment ascertaining the amount owed to the plaintiff, the same as it would docket any other judgment.
Does a judgment on a remainder attachment create a lien on all the debtor’s property?
Not unless it is a personal judgment. Otherwise, it is a lien only on the property that was levied on.
Why does this section single out nonresident or absconding debtors?
Because those debtors are harder to reach through ordinary process, the statute extends attachment to future property interests to give creditors a way to secure a claim against someone who is not present to be served or sued in the usual way.
Amendment History
Code 1950, § 8-534; 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: virginia attachment remainder interestattach contingent remainder virginianonresident debtor attachment virginiaabsconding debtor attachment virginia propertyfuture interest attachment lien virginia