The plaintiff shall have a lien from the time of the levying of such attachment, or serving a copy thereof as aforesaid, upon the personal property of the principal defendant, when the same is in his possession, actual or constructive, and upon the personal property, choses in action, and other securities of such defendant in the hands of, or owing by a codefendant on whom it is so served; and on any real estate mentioned in such an endorsement by the officer on the attachment or summons as is prescribed by § 8.01-550, from the time of levy and service pursuant to such section. But a holder in due course of negotiable paper shall have priority over an attachment levied thereon.
§ 8.01-557.Lien of attachment; priority of holder in due course.
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 sentenceThis section fixes the moment an attachment creates a lien — at levy or service on the personal property in the debtor’s possession or in a codefendant’s hands, and at the officer’s endorsement for real estate — while giving a holder in due course of negotiable paper priority over any attachment lien on that paper.
Full Text of § 8.01-557
Plain-English Summary
An attachment does the creditor little good unless it locks in a priority position, and this section supplies the timing that matters most: when exactly the lien attaches. For personal property in the debtor’s actual or constructive possession, the lien arises the moment the sheriff levies. For property, choses in action, or securities that belong to the debtor but sit in a codefendant’s hands, the lien arises when the attachment is served on that codefendant. For real estate, the lien dates from the levy and service described in § 8.01-550’s endorsement procedure.
That timing rule has one important carve-out. Negotiable paper — instruments like checks or notes that can pass from hand to hand — moves differently than ordinary property, and the law protects people who acquire it in good faith. A holder in due course of negotiable paper takes priority over an attachment lien, even one levied earlier, so a creditor cannot use attachment to defeat the settled expectations built into negotiable instruments law.
Frequently Asked Questions
When does the plaintiff’s lien attach to personal property the debtor possesses?
From the time the attachment is levied on the property, whether the debtor’s possession is actual or constructive.
When does the lien attach to property or debts held by a codefendant?
From the time a copy of the attachment is served on the codefendant who holds the property or owes the debt.
When does the lien attach to real estate covered by the attachment?
From the time of levy and service under the endorsement procedure described in § 8.01-550.
Does an attachment lien always beat competing claims to the same property?
No. A holder in due course of negotiable paper has priority over an attachment levied on that paper, even if the attachment came first.
What kinds of property does this lien cover?
It covers the debtor’s personal property in the debtor’s own possession, and personal property, choses in action, and other securities of the debtor held by or owed by a codefendant, as well as real estate described in the officer’s endorsement.
Amendment History
Code 1950, § 8-545; 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
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