If so requested by the plaintiff in his petition, the officer to whom the attachment is directed shall take possession of the property specified in the attachment, or when no such property is specified, of any estate or effects of the defendant, or so much thereof as is sufficient to pay the plaintiff's claim. But the officer levying the attachment shall, before taking possession of any property as aforesaid, make his certificate of the estimated fair market value of the property on which the attachment is levied, and he shall not take possession of the same unless and until bond in conformance with § 8.01-537.1 based on the estimated fair market value of the property as so stated in his certificate is posted. The certificate shall be filed in the clerk's office of the court to which the attachment is returnable and the value so certified shall be subject to review by the court to which the attachment is returnable.
§ 8.01-551.When officer to take possession of property.
Chapter 20. Attachments and Bail in Civil Cases · Article 2. Summons; Levy; Lien; Bonds, Etc · Last amended 1993 · Last verified July 16, 2026
In one sentenceIf the plaintiff’s petition requests it, the officer serving the attachment must take possession of the specified property or enough of the defendant’s estate to cover the claim, but only after certifying the property’s estimated fair market value and only once a bond based on that value is posted.
Full Text of § 8.01-551
Plain-English Summary
Taking physical possession of someone’s property is a serious step, and this section builds in a safeguard before it happens. When the plaintiff has asked for possession in the petition, the officer must seize the specified property, or, if none was named, enough of the defendant’s estate or effects to cover the claim. But before laying a hand on anything, the officer has to put a number on it — a certificate estimating the property’s fair market value — so the stakes of the seizure are on the record from the start.
That certificate is not just paperwork; it triggers the bond requirement that protects the defendant from an overreaching seizure. The officer cannot take possession until a bond conforming to § 8.01-537.1, sized to the certified value, has been posted. The certificate itself goes into the clerk’s file for the court to which the attachment is returnable, and if that estimated value looks off, the court can review and revisit it.
Frequently Asked Questions
When must the officer take possession of the defendant’s property under an attachment?
Only if the plaintiff requested possession in the petition — the officer then takes possession of the specified property, or, if none was specified, enough of the defendant’s estate to pay the plaintiff’s claim.
What must the officer do before taking possession of the property?
The officer must first make a certificate estimating the property’s fair market value.
Can the officer take possession before a bond is posted?
No. The officer cannot take possession until a bond conforming to § 8.01-537.1, based on the certified value, has been posted.
What happens to the officer’s certificate of value?
It must be filed in the clerk’s office of the court to which the attachment is returnable.
Can the estimated value in the certificate be challenged?
Yes. The value certified by the officer is subject to review by the court to which the attachment is returnable.
Amendment History
Code 1950, § 8-538; 1973, c. 545; 1977, c. 617; 1984, c. 646; 1993, c. 841.
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 officer take possessionbond before seizing property attachment virginiacertificate of fair market value attachment virginia8.01-537.1 attachment bond