Chapter 20. Attachments and Bail in Civil Cases · Article 2. Summons; Levy; Lien; Bonds, Etc · Last amended 1984 · Last verified July 16, 2026
In one sentenceThis section spells out three distinct ways to levy an attachment depending on what is being seized — tangible personal property held by the debtor, choses in action or property held by someone else, or real estate — and cross-references the ordinary methods for serving notices to govern how copies of the attachment are served.
Full Text of § 8.01-550
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An attachment may be levied as follows:
On tangible personal property in possession of a principal defendant, whether such possession be actual or constructive, it may be levied as at common law or by delivering a copy of the attachment to such principal defendant or, if possession is requested in the petition, then by taking possession of such personal property;
On choses in action or on tangible personal property in possession of any defendant other than the principal defendant, it may be levied by delivering a copy of the attachment to the person indebted to the principal defendant or having possession of the property belonging to him; and
On real estate, it may be levied by such estate being mentioned and described in an endorsement on the attachment by the officer to whom it is delivered for service to the following effect:
"Levied on the following real estate of the defendant A. (or defendants A. and B.), to-wit: (here describe the real estate) this the................… day of..........................… at..........… o'clock. E.F., sheriff (or other officer),"
and by service of the attachment on the person, if any, in possession of such real estate.
Wherever a copy of an attachment is required or allowed to be served on any person, natural or artificial, it may be served as a notice is served under §§ 8.01-296, 8.01-299, 8.01-300 or 8.01-301, as the case may be.
Plain-English Summary
Not every kind of property can be seized the same way, so this section works through the mechanics for each. If the debtor personally holds tangible personal property, the sheriff can levy it the traditional way or, if the creditor asked for possession in the petition, by taking physical custody of it. If a debt or piece of property belonging to the debtor sits with someone else — a bank account, a stored asset, money owed by a third party — the sheriff levies by delivering a copy of the attachment to that third party. Real estate works differently still: the officer serving the writ endorses a description of the land directly onto the attachment, using language the statute spells out almost word for word, and then serves the attachment on whoever is in possession of that real estate.
Rather than reinventing service rules for attachments, the section borrows the existing methods Virginia already uses for serving notices — the procedures found in §§ 8.01-296, 8.01-299, 8.01-300, and 8.01-301 — so a copy of an attachment can be served on any person, whether an individual or an entity, the same way other legal notices reach them.
Frequently Asked Questions
How is an attachment levied on tangible personal property the debtor still holds?
It may be levied as at common law, or by delivering a copy of the attachment to the debtor, or, if the petition requested possession, by the officer taking possession of the property.
How is an attachment levied on property or debts held by someone other than the principal defendant?
It is levied by delivering a copy of the attachment to the person who owes the debt or holds the property belonging to the principal defendant.
How does an officer levy an attachment on real estate?
The officer endorses a description of the real estate directly on the attachment, using the form of words set out in the statute, and serves the attachment on whoever is in possession of the land.
How is a copy of an attachment served on a person or entity?
It may be served the same way a notice is served under §§ 8.01-296, 8.01-299, 8.01-300, or 8.01-301, whichever applies.
What must the officer’s endorsement on a real estate levy include?
It must describe the real estate levied on, name the defendant, and state the day, date, and time of the levy, signed by the sheriff or other officer.
Amendment History
Code 1950, § 8-537; 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
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