§ 8.01-574.Attachments in connection with pending suits or actions.
Chapter 20. Attachments and Bail in Civil Cases · Article 3. Subsequent Proceedings Generally · Last amended 1977 · Last verified July 16, 2026
In one sentenceA creditor who already has a suit or action pending in a Virginia court may still file a separate petition for attachment in that same court, following the ordinary attachment procedure, and this does not count as prosecuting a second action for the same cause, though the court may hear the attachment alongside a related equity suit for convenience.
Full Text of § 8.01-574
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If an attachment be desired in connection with a pending suit or action, a petition for an attachment may be filed in the same court in which such suit or action is pending, and the procedure thereon shall be the same as if no suit or
action were pending; but the attachment may be heard along with any suit in equity relating to the same subject so far as may be necessary for the convenient administration of justice. The suing out of an attachment in connection with a pending suit or action shall not be deemed the prosecution of a second action for the same cause.
Plain-English Summary
Filing for an attachment does not require starting from scratch if a related case is already underway. This section lets a plaintiff who wants an attachment in connection with a suit or action already pending file that petition in the same court already handling the underlying case, and the attachment then follows the identical procedure it would follow if no other case were pending at all.
The court has some flexibility here, too — it may hear the attachment together with any equity suit touching the same subject matter, when doing so makes the administration of justice more convenient. And because pursuing an attachment this way could look like duplicative litigation, the statute forecloses that objection directly: suing out an attachment alongside a pending suit or action is not treated as the prosecution of a second action for the same cause.
Frequently Asked Questions
Can a plaintiff seek an attachment while another suit on the same matter is already pending?
Yes. A petition for an attachment may be filed in the same court in which the pending suit or action is already before the court.
Does the procedure change because another case is pending?
No. The procedure on the attachment is the same as if no suit or action were pending.
Can the attachment be heard together with a related equity suit?
Yes, the attachment may be heard along with any suit in equity relating to the same subject, so far as necessary for the convenient administration of justice.
Does filing an attachment alongside a pending suit count as filing a second lawsuit for the same claim?
No. The statute specifically says it is not deemed the prosecution of a second action for the same cause.
In which court must the attachment petition be filed?
The same court in which the pending suit or action is already pending.
Amendment History
Code 1950, § 8-561; 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
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