8.01-562 - Examination on oath of codefendant; order and bond. - Virginia Statutes

§ 8.01-562. Examination on oath of codefendant; order and bond.

A defendant who at the time of service of the attachment was alleged to beindebted to a principal defendant, or had in his possession personal propertybelonging to such principal defendant, shall appear in person and submit toan examination on oath touching such debt or personal property, or he may,with the consent of the court, after reasonable notice to the plaintiff, filean answer in writing under oath, stating whether or not he was so indebted,and if so, the amount thereof and the time of maturity, or whether he had inhis possession any personal property belonging to such principal defendantand, if so, the nature and value thereof. If it appear on such examination orby his answer that at the time of the service of the attachment, he wasindebted to the principal defendant, or had in his possession or control anygoods, chattels, money, securities or other effects belonging to suchdefendant, the court may order him to pay the amount so owing by him, or todeliver such effects to the sheriff, or other person designated by the courtto receive the same; or such defendant may, with the leave of the court, givebond with sufficient security, payable to such person and in such penalty asthe court shall prescribe, with condition to pay the amount owing by him, andhave such effects forthcoming, at such time and place as the court maythereafter require. An answer under oath under this section shall be deemedprima facie to be true.

(Code 1950, § 8-550; 1977, c. 617.)