8.01-567 - What defense may be made to attachments. - Virginia Statutes

§ 8.01-567. What defense may be made to attachments.

Any party in interest may show that the court is without jurisdiction to hearand determine the controversy.

The principal defendant, if not served with process, may appear specially andshow that the attachment was issued on false suggestion or without sufficientcause, in which event the attachment shall be quashed.

Any person claiming title to, an interest in, or a lien upon the propertyattached, or any part thereof, after being admitted as a party defendant, ifnot already a defendant, and the principal defendant, may contest theliability of the principal defendant for the plaintiff's claim, in whole orin part, by proof of any manner which would constitute a good defense by theprincipal defendant to an action at law on such claim, and may also show thatthe attachment was not issued on any of the grounds set forth in § 8.01-534,or that the plaintiff is not likely to succeed on the merits of hisunderlying claim. The principal defendant may also file counterclaims ordefenses available under § 8.01-422 as in an action at law.

Other defendants shall be limited to defenses personal to themselves, orwhich may prevent a liability upon them or their property.

(Code 1950, § 8-555; 1977, c. 617.)