Any person may file his petition at any time before the property attached as the estate of a defendant is sold or the proceeds of sale paid to the plaintiff under the judgment, disputing the validity of the plaintiff's attachment thereon, or stating a claim thereto, or an interest in or lien on the same, under any other attachment or otherwise, and its nature, and upon giving security for cost, the court, without any other pleading, shall inquire into such claim, or, if either party demand it, impanel a jury for that purpose. If it be found that the petitioner has title to, or a lien on, or any interest in, such property, or its proceeds, the court shall make such order as may be necessary to protect his rights. The costs of such inquiry shall be paid by either party, at the discretion of the court.
§ 8.01-573.How and when claims of other persons to property tried.
Chapter 20. Attachments and Bail in Civil Cases · Article 3. Subsequent Proceedings Generally · Last amended 1977 · Last verified July 16, 2026
In one sentenceA person other than the parties who wants to dispute the attachment’s validity, or assert title, an interest, or a lien in the attached property, may file a petition any time before the property is sold or the proceeds are paid to the plaintiff, and after posting security for costs, the court investigates informally or through a jury on demand and protects any rights it finds established.
Full Text of § 8.01-573
Plain-English Summary
Attachment does not always involve only the plaintiff and the named defendants — sometimes a stranger to the lawsuit has a real stake in the property being seized. This section gives that person a way in. Any time before the attached property is sold, or before the proceeds are paid over to the plaintiff, someone can file a petition disputing the plaintiff’s attachment on that property, or asserting a claim, interest, or lien in it, whether that claim rests on a different attachment or some other basis, and explaining what that claim is.
Getting a hearing on that petition does require posting security for costs, but once that is done, the process is informal by design — the court can inquire into the claim without any additional pleading, or, if either side asks, impanel a jury to sort it out. If the petitioner turns out to have title, a lien, or some other interest in the property or its proceeds, the court enters whatever order is necessary to protect those rights. The costs of the whole inquiry fall on either party, whichever way the court’s discretion points.
Frequently Asked Questions
Who can file a petition under this section, and when?
Any person may file a petition at any time before the attached property is sold or the sale proceeds are paid to the plaintiff under the judgment.
What can the petition claim?
It can dispute the validity of the plaintiff’s attachment on the property, or state a claim, interest, or lien in the property, whether arising under another attachment or otherwise.
What must the petitioner do before the court will inquire into the claim?
Give security for costs.
How does the court resolve the claim?
It inquires into the claim without any formal pleading, or, if either party demands it, impanels a jury for that purpose.
What happens if the petitioner is found to have title, a lien, or an interest in the property?
The court makes whatever order is necessary to protect the petitioner’s rights, and the costs of the inquiry are paid by either party at the court’s discretion.
Amendment History
Code 1950, § 8-560; 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: third party claim attached property virginiadispute attachment validity virginiapetition claim to attached property virginiasecurity for costs attachment claim