§ 8.01-534.Grounds of action for pretrial levy or seizure of attachment.

Chapter 20. Attachments and Bail in Civil Cases · Article 1. Attachments Generally · Last amended 2022 · Last verified July 16, 2026

In one sentenceThis section lists the specific grounds — nonresidency or foreign-corporation status with local assets, flight or fraudulent disposal of property, absconding, or certain gambling-law violations for defendants, and risk of loss, destruction, or concealment for the property itself — that must support any pretrial attachment, levy, or seizure.

Full Text of § 8.01-534

Text sizeJump to: (A) (B) (C)

A. It shall be sufficient ground for an action for pretrial levy or seizure or an attachment that the principal defendant or one of the principal defendants:

1. Is a foreign corporation, or is not a resident of this Commonwealth, and has estate or has debts owing to such defendant within the county or city in which the attachment is, or that such defendant being a nonresident of this Commonwealth, is entitled to the benefit of any lien, legal or equitable, on property, real or personal, within the county or city in which the attachment is. The word "estate," as herein used, includes all rights or interests of a pecuniary nature which can be protected, enforced, or proceeded against in courts of law or equity;

2. Is removing or is about to remove himself out of this Commonwealth with intent to change his domicile;

3. Intends to remove, or is removing, or has removed the specific property sued for, or his own estate, or the proceeds of the sale of his property, or a material part of such estate or proceeds, out of this Commonwealth so that there will probably not be therein effects of such debtor sufficient to satisfy the claim when judgment is obtained therefor should only the ordinary process of law be used to obtain the judgment;

4. Is converting, is about to convert or has converted his property of whatever kind, or some part thereof, into money, securities or evidences of debt with intent to hinder, delay, or defraud his creditors;

5. Has assigned or disposed of or is about to assign or dispose of his estate, or some part thereof, with intent to hinder, delay or defraud his creditors;

6. Has absconded or is about to abscond or has concealed or is about to conceal himself or his property to the injury of his creditors, or is a fugitive from justice;

7. Has conducted, financed, managed, supervised, directed, sold, or owned a gambling device that is located in an unregulated location pursuant to § 18.2-331.1;

8. Has violated any provision of law related to charitable gaming pursuant to Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of Title 18.2.

The intent mentioned in subdivisions 4 and 5 may be stated either in the alternative or conjunctive.

B. It shall be sufficient ground for an action for pretrial levy or seizure or an attachment if the specific personal property sought to be levied or seized:

1. Will be sold, removed, secreted or otherwise disposed of by the defendant, in violation of an obligation to the plaintiff, so as not to be forthcoming to answer the final judgment of the court respecting the same; or

2. Will be destroyed, or materially damaged or injured if permitted to remain in the possession of the principal defendant or one of the principal defendants or other person or persons claiming under them.

C. In an action for rent, it also shall be a sufficient ground if there is an immediate danger that the property subject to the landlord's lien for rent will be destroyed or concealed.

End

Plain-English Summary

Having a claim does not automatically entitle a plaintiff to an attachment; he also needs one of the specific grounds this section lists. Subsection A targets the defendant himself: being a foreign corporation or Virginia nonresident with property or debts here, or a nonresident entitled to a legal or equitable lien on local real or personal property, fleeing the Commonwealth to change domicile, moving assets out of state so nothing is left to satisfy a judgment, converting property into cash or securities to hinder or defraud creditors, disposing of his estate for the same fraudulent purpose, absconding or hiding himself or his property, being a fugitive from justice, or, in additions the General Assembly made more recently, running an illegal gambling device or violating the charitable gaming laws.

Subsection B shifts the focus from the defendant’s conduct to the property itself: attachment is available when the specific property sought will be sold, removed, hidden, or otherwise disposed of in violation of an obligation to the plaintiff, so that it will not be around to satisfy a final judgment, or when it will be destroyed or materially damaged if it stays in the defendant’s possession or that of someone claiming under him.

Subsection C adds a narrow, landlord-specific ground: in a rent case, attachment is available if there is immediate danger that property covered by the landlord’s lien for rent will be destroyed or hidden. Across all three subsections, the common denominator is risk, that the debtor or the property will not be around, or will not be worth pursuing, by the time an ordinary lawsuit runs its course.

Frequently Asked Questions

What ground applies to a nonresident or foreign corporation?

That the defendant is a foreign corporation or is not a resident of the Commonwealth and has estate or debts owed to him within the county or city where the attachment is sought, or, for a nonresident, that he is entitled to a legal or equitable lien on real or personal property within that county or city.

What conduct involving the debtor’s own property supports attachment?

Converting, disposing of, or removing property, or its proceeds, out of the Commonwealth with intent to hinder, delay, or defraud creditors, or so that insufficient assets remain to satisfy the claim.

Can attachment issue because a defendant is hiding or fleeing?

Yes, if he has absconded or is about to, or has concealed or is about to conceal himself or his property to the injury of his creditors, or is a fugitive from justice.

What grounds focus on the property being attached, rather than the defendant’s residency or intent?

Subsection B, covering property that will be sold, removed, secreted, or disposed of in violation of an obligation to the plaintiff, or that will be destroyed or materially damaged if left in the defendant’s possession.

Is there a special ground for landlords seeking rent?

Yes, subsection C allows attachment when there is immediate danger that property subject to the landlord’s lien for rent will be destroyed or concealed.

Amendment History

Code 1950, § 8-520; 1954, c. 333; 1977, c. 617; 1993, c. 841; 2022, c. 553.

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: grounds for attachment virginiavirginia attachment nonresident debtorfraudulent transfer attachment virginialandlord lien rent attachment virginia