§ 8.01-549.Restraining order or receiver.
Chapter 20. Attachments and Bail in Civil Cases · Article 2. Summons; Levy; Lien; Bonds, Etc · Last amended 1977 · Last verified July 16, 2026
Full Text of § 8.01-549
Plain-English Summary
An attachment writ tells the sheriff what to seize, but a levy is not always enough to keep property from disappearing before the case ends. This section backs up the sheriff’s work with the court’s equitable powers, letting a judge issue a restraining order, appoint a receiver, or fashion some other form of relief to keep property secure while the case proceeds.
The reach of that authority tracks the underlying purpose of the attachment: it covers the specific property the plaintiff sued for, plus whatever additional estate is likely to be needed to satisfy whatever order the court ultimately enters. In practice, this gives a judge room to act when a plain levy will not do the job — for instance, when property is easy to move, sell, or hide before the sheriff can reach it.
Frequently Asked Questions
What tools does the court have besides the attachment itself to secure property?
The court may interpose a restraining order, appoint a receiver, or use other means to secure the property.
What property can a restraining order or receiver cover?
It can cover the specific property sued for, plus other estate that will probably be needed to satisfy any further order made in the case.
Is this relief limited to the property described in the original petition?
No. It extends to other estate likely to be required to satisfy future orders, not just the specific property named at the outset.
Does the section require the court to use these tools in every attachment case?
No. It says the court may interpose in these ways, leaving the decision to the court’s judgment based on the circumstances.
Why would a court appoint a receiver instead of relying on the sheriff’s levy?
A receiver can manage or preserve property that needs ongoing oversight — such as a business or income-producing asset — in ways a plain levy by the sheriff cannot accomplish.
Amendment History
Code 1950, § 8-536; 1977, c. 617.