A defendant who at the time of service of the attachment was alleged to be indebted to a principal defendant, or had in his possession personal property belonging to such principal defendant, shall appear in person and submit to an examination on oath touching such debt or personal property, or he may, with the consent of the court, after reasonable notice to the plaintiff, file an answer in writing under oath, stating whether or not he was so indebted, and if so, the amount thereof and the time of maturity, or whether he had in his possession any personal property belonging to such principal defendant and, if so, the nature and value thereof. If it appear on such examination or by his answer that at the time of the service of the attachment, he was indebted to the principal defendant, or had in his possession or control any goods, chattels, money, securities or other effects belonging to such defendant, the court may order him to pay the amount so owing by him, or to deliver such effects to the sheriff, or other person designated by the court to receive the same; or such defendant may, with the leave of the court, give bond with sufficient security, payable to such person and in such penalty as the court shall prescribe, with condition to pay the amount owing by him, and have such effects forthcoming, at such time and place as the court may thereafter require. An answer under oath under this section shall be deemed prima facie to be true.
§ 8.01-562.Examination on oath of codefendant; order and bond.
Chapter 20. Attachments and Bail in Civil Cases · Article 3. Subsequent Proceedings Generally · Last amended 1977 · Last verified July 16, 2026
In one sentenceA codefendant alleged to owe a debt to, or hold property of, the principal defendant must appear and be examined under oath — or, with the court’s consent, file a sworn written answer — and if that testimony or answer confirms the debt or property, the court can order payment or delivery, or let the codefendant post a bond instead, with any sworn answer treated as presumptively true.
Full Text of § 8.01-562
Plain-English Summary
Attachment often reaches past the principal defendant to someone else holding that defendant’s money or goods — a garnishee, in modern terms. This section forces that codefendant to come clean about what is owed or held. The codefendant must appear in person and submit to examination under oath about any debt owed to the principal defendant or any personal property belonging to that defendant. As an alternative, with the court’s permission and after reasonable notice to the plaintiff, the codefendant may instead file a written answer under oath covering the same ground — whether a debt is owed, how much, when it matures, or what property is held and its value.
If the examination or the sworn answer reveals that the codefendant was indebted to, or holding property of, the principal defendant at the time the attachment was served, the court has two paths available. It can order the codefendant to pay the amount owed or hand the property over to the sheriff or another court-designated person. Or, with the court’s leave, the codefendant can instead post a bond, with sufficient security, promising to pay the debt or produce the property later, at whatever time and place the court requires. Either way, a sworn answer filed under this section carries real weight — the statute treats it as presumptively true.
Frequently Asked Questions
What must a codefendant alleged to owe money or hold property for the principal defendant do?
Appear in person and submit to examination on oath about the debt or property, unless the court allows a written sworn answer instead.
Can the codefendant avoid appearing in person?
Yes, with the consent of the court and after reasonable notice to the plaintiff, the codefendant may file a written answer under oath instead of appearing.
What must the sworn answer or examination address?
Whether the codefendant was indebted to the principal defendant, and if so the amount and maturity date, and whether the codefendant held any personal property belonging to the principal defendant, and if so its nature and value.
What can the court order if the codefendant admits owing a debt or holding property?
The court may order the codefendant to pay the amount owed or deliver the property to the sheriff or another person the court designates, or the codefendant may instead give bond to pay the amount or produce the property later.
How much weight does a sworn answer filed under this section carry?
It is deemed prima facie true.
Amendment History
Code 1950, § 8-550; 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: codefendant examination attachment virginiagarnishee sworn answer attachment virginiavirginia attachment codefendant bondprima facie sworn answer attachment