Any of the defendants in any such attachment, or any party to any forthcoming bond given as aforesaid, or the officer who may be liable to the plaintiff by reason of such bond being adjudged bad, or any person authorized by § 8.01-573 to file a petition, may make defense to such attachment, but the attachment shall not thereby be discharged, or the property levied on released.
§ 8.01-566.Who may make defense to attachment.
Chapter 20. Attachments and Bail in Civil Cases · Article 3. Subsequent Proceedings Generally · Last amended 1977 · Last verified July 16, 2026
In one sentenceThis section lists who can defend against an attachment — any of the defendants, any party to a forthcoming bond, an officer who could be held liable because a bond was ruled bad, or anyone authorized under § 8.01-573 to file a claim — but clarifies that raising a defense does not by itself discharge the attachment or free the seized property.
Full Text of § 8.01-566
Plain-English Summary
Attachment proceedings can pull in more people than the debtor named on the writ — bond sureties, officers exposed to liability, third parties with claims to the seized property. This section makes clear who among them has standing to fight back. It covers any defendant in the attachment, anyone who is a party to a forthcoming bond given in the case, an officer who could be on the hook to the plaintiff because a bond was ruled bad, and any person entitled under § 8.01-573 to file a petition claiming an interest in the property.
But standing to defend is not the same as an automatic win. Filing a defense does not itself discharge the attachment or release the property that was levied on — the attachment stays in place, and the seized property stays seized, until the court rules on the merits of that defense.
Frequently Asked Questions
Who besides the principal defendant may defend against an attachment?
Any of the defendants, any party to a forthcoming bond given in the case, the officer who may be liable to the plaintiff because a bond was adjudged bad, or any person authorized by § 8.01-573 to file a petition.
Does filing a defense automatically discharge the attachment?
No. The section specifically states the attachment is not thereby discharged and the property levied on is not released.
Can an officer defend the attachment?
Yes, if the officer may be liable to the plaintiff because a bond was adjudged bad.
Can someone who claims an interest in the attached property defend the case?
Yes, if authorized under § 8.01-573 to file a petition asserting that interest.
What is the effect of this section on the property while a defense is pending?
The property remains under the attachment and is not released merely because a defense has been raised.
Amendment History
Code 1950, § 8-554; 1973, c. 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
Also known as: who can defend attachment virginiaforthcoming bond party defend attachmentattachment not discharged by defense virginia