When judgment in favor of the plaintiff is rendered by a general district court in any case in which an attachment is issued and on appeal therefrom to a circuit court an appeal bond is given, with condition to prosecute the appeal with effect or pay the debt, interest, costs and damages, as well as the costs of the appeal, the officer, in whose custody any attached property is, shall deliver the same to the owner thereof. When an appeal is from a circuit court to the Court of Appeals and an appeal bond is given pursuant to § 8.01-676.1, the officer having custody shall proceed in like manner.
§ 8.01-555.When appeal bond given property to be delivered to owner.
Chapter 20. Attachments and Bail in Civil Cases · Article 2. Summons; Levy; Lien; Bonds, Etc · Last amended 2021 · Last verified July 16, 2026
In one sentenceWhen a plaintiff wins an attachment case in general district court and the defendant appeals to circuit court by posting an appeal bond conditioned on prosecuting the appeal or paying the debt, the officer holding the attached property must release it to its owner, and the same rule applies when a circuit court case is further appealed to the Court of Appeals under § 8.01-676.1.
Full Text of § 8.01-555
Plain-English Summary
Winning at the general district court level does not mean a plaintiff in an attachment case gets to keep the property tied up indefinitely while an appeal plays out. If the defendant appeals to circuit court and posts an appeal bond — one conditioned on prosecuting the appeal with effect, or paying the debt, interest, costs, damages, and the costs of the appeal — the officer holding any attached property must hand it back to its owner. The bond, not the property, becomes the plaintiff’s security while the appeal is pending.
The statute carries that same logic one level higher. When a case moves from circuit court to the Court of Appeals and an appeal bond is posted under § 8.01-676.1, the officer with custody of attached property follows the identical procedure and releases it to the owner.
Frequently Asked Questions
What triggers the release of attached property to its owner under this section?
A judgment for the plaintiff in an attachment case in general district court, followed by an appeal to circuit court in which the defendant posts an appeal bond conditioned on prosecuting the appeal or paying the debt, interest, costs, and damages.
Who releases the property, and to whom?
The officer who has custody of the attached property must deliver it to its owner.
Does the same rule apply to appeals beyond circuit court?
Yes. When an appeal goes from circuit court to the Court of Appeals and a bond is given under § 8.01-676.1, the officer with custody proceeds in the same way.
What must the appeal bond cover for the property to be released?
It must be conditioned on prosecuting the appeal with effect or paying the debt, interest, costs, and damages, along with the costs of the appeal.
Does releasing the property end the plaintiff’s protection while the appeal is pending?
No. The plaintiff’s protection shifts from the seized property to the appeal bond itself, which stands as security while the appeal proceeds.
Amendment History
Code 1950, § 8-543; 1977, c. 617; 2021, Sp. Sess. I, c. 489.
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: attachment appeal bond virginiarelease attached property on appeal virginiageneral district court attachment appeal circuit court8.01-676.1 appeal bond attachment