When an officer has in his possession or custody money or effects of the defendant held under an attachment executed, or other legal process, a delivery to such officer of an attachment under this chapter shall be deemed a levy thereof as to such money or effects, and constitute a lien thereon from the time of such delivery.
§ 8.01-558.Attachment lien on effects already in hands of officer.
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 sentenceIf a sheriff or officer already holds a debtor’s money or property under an earlier attachment or other legal process, delivering a new attachment under this chapter to that officer counts as a levy on that money or property, creating a lien from the moment the new writ is delivered.
Full Text of § 8.01-558
Plain-English Summary
Sometimes a debtor’s money or goods are already sitting in an officer’s hands before a second creditor even shows up — held under an earlier attachment, or seized through some other legal process. Rather than requiring that officer to somehow re-seize property already in custody, this section treats the act of handing over a new attachment as the levy itself.
The practical effect is a clean priority marker: the moment the new attachment is delivered to the officer who already holds the money or effects, a lien attaches in favor of the second creditor, dated to that delivery. This keeps multiple creditors pursuing the same property from getting tangled in disputes over what counts as a valid levy on property an officer already controls.
Frequently Asked Questions
What happens when an officer already holds a debtor’s money or property and a new attachment arrives?
Delivery of the new attachment to that officer is treated as a levy on that money or effects.
From what point does the lien on that property date?
From the time the new attachment is delivered to the officer.
Does it matter whether the officer’s original custody came from an attachment or some other process?
No. The section applies whether the officer holds the money or effects under an attachment already executed or under other legal process.
Does the officer need to take any additional physical action to levy the second attachment?
No additional action beyond delivery to the officer is described — delivery itself is deemed the levy.
Why does this rule matter for creditors pursuing the same debtor?
It gives a clear, dated lien to a second creditor whose attachment reaches property an officer already controls, rather than leaving the priority of that later attachment uncertain.
Amendment History
Code 1950, § 8-546; 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
Also known as: attachment lien property already in officer custody virginiasecond attachment on seized property virginiapriority multiple attachments virginia