8.01-568 - Quashing attachment or rendering judgment for defendant. - Virginia Statutes

§ 8.01-568. Quashing attachment or rendering judgment for defendant.

The court in which an attachment is pending shall, on motion of the principaldefendant, or any defendant claiming title to, an interest in, or a lien uponthe property attached, or any part thereof, after reasonable notice to theplaintiff, hear testimony and quash the attachment, if of opinion that (i)the attachment is invalid on its face, (ii) none of the grounds forattachment in § 8.01-534 exist, or (iii) the plaintiff is not likely tosucceed on the merits of his underlying claim. The hearing shall be held notlater than ten business days following the defendant's motion. When theattachment is properly sued out, and the case is heard upon its merits, ifthe court is of opinion that the claim of the plaintiff is not established,final judgment shall be given for the defendant. In either case, he shallrecover his costs, and damages for loss of the use of his property, and thereshall be an order for the restoration of the attached effects. The plaintiffshall have the burden of proof in proceedings pursuant to this section.

(Code 1950, § 8-556; 1977, c. 617; 1984, c. 646.)