§ 8.01-568.Quashing attachment or rendering judgment for defendant.

Attachment is a powerful pre-judgment remedy, and this section provides the mechanism for testing it early rather than waiting for a full trial. On motion of the principal defendant, or any defendant claiming title to, an interest in, or a lien on the attached property, and after reasonable notice to the plaintiff, the court must hold a hearing and hear testimony. If the court concludes the attachment is invalid on its face, that none of the statutory grounds in § 8.01-534 exist, or that the plaintiff is unlikely to succeed on the merits of the underlying claim, it must quash the attachment. That hearing cannot drag on — it has to happen within ten business days of the defendant’s motion.

If instead the case reaches the merits and the court finds the plaintiff’s claim was never established, the outcome for the defendant is comprehensive: final judgment in the defendant’s favor, recovery of costs, damages for having lost the use of the property, and an order restoring whatever was attached. Throughout every stage of this inquiry, the burden of proof sits with the plaintiff, not the defendant — the party who invoked this seizing remedy has to justify it.