8.01-543 - Issue of other attachments on original petition. - Virginia Statutes

§ 8.01-543. Issue of other attachments on original petition.

Upon the written application of the plaintiff, his agent or attorney, otherattachments founded on the original petition may be issued from time to timeby the clerk of the court in which the original attachment is pending, andthe same may be directed, executed, and returned in like manner as anoriginal attachment. However, the clerk shall not issue an attachment wherenew or additional grounds of attachment are relied upon or where any ship,boat or vessel of more than twenty tons is sought to be attached.

If new or additional grounds of attachment are relied on, the plaintiff mayamend his petition in accordance with Rule of Court 1:8 according to thefacts and swear to the same. Except as otherwise provided in this section, anadditional attachment as prayed for shall be issued by a judge or magistrateonly upon his determination that (i) there is reasonable cause to believethat the grounds for attachment may exist and (ii) that the amended petitioncomplies with §§ 8.01-534 and 8.01-537. Where any ship, boat, or other vesselof more than twenty tons is sought to be attached, a judge or magistrateshall issue the additional attachment only on his determination that §8.01-538 has been complied with. The cause shall proceed, under theprovisions of this chapter, upon the petition as amended.

The court shall adjudge the costs of such attachments as it deems proper.

The following, or its equivalent, shall be a sufficient form of applicationfor an additional attachment:

To A.B., clerk of the . . . . . . . . . . . . . court of . . . . . . . . . .. county (or city): In the case

of . . . . . . . . . . . . . . v. . . . . . . . . . . . . . . , on anattachment, an additional attachment and

summons is requested to be issued against . . . . . . . . . . . . . . . . . .X.Y. (or X.Y. by H.,

attorney or agent, as the case may be).

(Code 1950, § 8-530; 1977, c. 617; 1984, c. 646.)