If the attachment be served on a defendant who the petition alleges is indebted to, or has in his possession effects of, the principal defendant, and he fail to appear, the court may either compel him to appear, or hear proof of any debt owing by him, or of effects in his hands belonging to a principal defendant in such attachment, and make such orders in relation thereto as if what is so proved had appeared on his examination.
§ 8.01-564.Procedure when codefendant fails to appear.
Chapter 20. Attachments and Bail in Civil Cases · Article 3. Subsequent Proceedings Generally · Last amended 1977 · Last verified July 16, 2026
In one sentenceIf a codefendant alleged to owe the principal defendant a debt or hold that defendant’s property is served but fails to appear, the court may compel appearance or instead hear proof of the debt or property and issue the same orders it could have made had the codefendant appeared and testified.
Full Text of § 8.01-564
Plain-English Summary
The examination process depends on the codefendant showing up, but this section closes the gap when that does not happen. If a codefendant served with the attachment petition — alleging a debt owed to, or property held for, the principal defendant — fails to appear, the court is not stuck. It can compel that appearance directly.
Alternatively, the court does not have to wait around: it can instead hear proof of the debt or the property from other sources and make the same orders it would have made had the codefendant appeared and testified. That keeps a nonappearing codefendant from being able to stall or defeat the attachment by ignoring the summons.
Frequently Asked Questions
What happens if a codefendant fails to appear after being served with the attachment?
The court may either compel the codefendant to appear or hear proof of any debt owed or effects held on the codefendant’s behalf.
Can the court make orders without the codefendant appearing at all?
Yes. The court may hear proof of the debt or effects and make orders as if what was proved had appeared on the codefendant’s own examination.
Does this section apply to any codefendant, or only one alleged to owe a debt or hold property?
It applies to a codefendant served with the attachment whom the petition alleges is indebted to, or holds effects of, the principal defendant.
What kind of orders can the court make based on proof heard in the codefendant’s absence?
The same kind of orders it could make in relation to a debt or effects that had been established through the codefendant’s own examination.
Does failing to appear protect a codefendant from liability?
No. The court can still establish the debt or effects through proof and enter orders as though the codefendant had appeared.
Amendment History
Code 1950, § 8-552; 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 fails to appear attachment virginiacompel appearance garnishee virginiaattachment proof of debt without appearance