When any attachment is sued out, although the property or estate attached be not seized, the interest and profits thereof pending the attachment and before judgment may be paid to the defendant, if the court deem it proper.
§ 8.01-560.How interest and profits of property applied in certain cases.
Chapter 20. Attachments and Bail in Civil Cases · Article 3. Subsequent Proceedings Generally · Last amended 1977 · Last verified July 16, 2026
In one sentenceWhen an attachment is issued but the underlying property or estate is never seized, the court may, at its discretion, allow the interest and profits generated by that property before judgment to be paid to the defendant.
Full Text of § 8.01-560
Plain-English Summary
Not every attachment results in the sheriff physically taking hold of the property described in the writ — sometimes the attachment issues, creates a lien, but the estate itself stays in the defendant’s use. This section addresses what happens to the income that property keeps generating in the meantime: rent, interest, dividends, or other profits earned while the case is pending and before judgment.
Rather than locking up that income automatically, the statute leaves the call to the court’s discretion. If the judge thinks it proper under the circumstances, the interest and profits earned during the attachment — before any judgment is entered — can be paid over to the defendant, even while the underlying property remains subject to the attachment.
Frequently Asked Questions
Does this section apply even if the attached property was never seized?
Yes. It applies specifically when the property or estate attached has not been seized.
What can happen to interest and profits earned on the property before judgment?
They may be paid to the defendant, if the court considers it proper.
Is the court required to pay interest and profits to the defendant?
No. The decision is left to the court’s discretion.
Does this section cover profits earned after judgment?
No. It addresses interest and profits accruing pending the attachment and before judgment.
Why would the property not be seized even though it was attached?
The section does not say why, but it recognizes that an attachment can create a lien and proceed toward judgment without the sheriff taking physical possession of the property.
Amendment History
Code 1950, § 8-548; 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: interest and profits attached property virginiaunseized attachment property income virginiaattachment property income before judgment