{"law_id":"776481","section_number":"8.01-534","catch_line":"Grounds of action for pretrial levy or seizure of attachment","history":"Code 1950, \u00a7 8-520; 1954, c. 333; 1977, c. 617; 1993, c. 841.","order_by":null,"metadata":false,"court_decisions":{"0":{"name":"In Re Hart","case_number":"Bankruptcy No. 81-00306-A, Adv. No. 82-0090-A","citation":"24 B.R. 821","date":"1982-11-26","url":"https:\/\/www.courtlistener.com\/opinion\/1931449\/in-re-hart\/","abstract":" .\u202f.\u202f.  specific and are set forth in Virginia Code \u00a7 8.01-534. .\u202f.\u202f. ","court_html":"United States Bankruptcy Court, E.D. Virginia"},"1":{"name":"Allsbrook v. AZALEA RADIATOR SERVICE","case_number":"Record No. 811973","citation":"316 S.E.2d 743","date":"1984-06-15","url":"https:\/\/www.courtlistener.com\/opinion\/1333744\/allsbrook-v-azalea-radiator-service\/","abstract":" .\u202f.\u202f. , delay or defraud its creditors.\" Code \u00a7 8.01-534(5). This allegation is groundless. Azalea could .\u202f.\u202f. ","court_html":"<abbr title=\"Supreme Court of Virginia\">SCV<\/abbr>"},"2":{"name":" .\u202f.\u202f. United States v. Arthur G. Cohen, and Steven M. Terk Marvin .\u202f.\u202f. ","case_number":"98-1519","citation":"152 F.3d 321","date":"1998-08-11","url":"https:\/\/www.courtlistener.com\/opinion\/757045\/united-states-v-arthur-g-cohen-and-steven-m-terk-marvin-b-tepper\/","abstract":" .\u202f.\u202f.  or defraud his creditors.\"   See Va.Code 8.01-534(A)(4)(5)(6) and &#167; 534(B).  It is .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"},"3":{"name":"Keystone Builders v. Floor Fashions of Virginia","case_number":"Civ. A. No. 93-0001-C","citation":"829 F. Supp. 181","date":"1993-07-29","url":"https:\/\/www.courtlistener.com\/opinion\/1877124\/keystone-builders-v-floor-fashions-of-virginia\/","abstract":" .\u202f.\u202f. judgment in the plaintiff&#39;s favor. Va.Code \u00a7 8.01-534. In such circumstances, the party seeking .\u202f.\u202f. ","court_html":"District Court, W.D. Virginia"},"4":{"name":"Fuller v. Hurley","case_number":"Civ. A. No. 79-0231-B","citation":"559 F. Supp. 313","date":"1983-03-02","url":"https:\/\/www.courtlistener.com\/opinion\/1970097\/fuller-v-hurley\/","abstract":" .\u202f.\u202f. Ann. \u00a7 8.01-533 et seq. (Repl.Vol.1977). Section 8.01-534 provides that the assets of an alleged .\u202f.\u202f. ","court_html":"District Court, W.D. Virginia"},"5":{"name":"Meliani v. Jade Dunn Loring Metro, LLC","case_number":"CIV.A. 03-926-A","citation":"286 F. Supp. 2d 741","date":"2003-10-09","url":"https:\/\/www.courtlistener.com\/opinion\/2522588\/meliani-v-jade-dunn-loring-metro-llc\/","abstract":" .\u202f.\u202f. property.\"). .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"}},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/8.01-534\/","refers_to":false,"url":"\/8.01-534\/","token":"8.01\/20\/1\/8.01-534","structure":{"1":{"id":"3007","name":"Attachments Generally","identifier":"1","label":"article","url":"\/8.01\/20\/1\/"},"2":{"id":"1548","name":"Attachments And Bail In Civil Cases","identifier":"20","label":"chapter","url":"\/8.01\/20\/"},"3":{"id":"52","name":"Civil Remedies And Procedure","identifier":"8.01","label":"title","url":"\/8.01\/"}},"referred_to_by":[{"id":"774896","section_number":"16.1-105","catch_line":"Attachments","url":"\/16.1-105\/"}],"edition_id":"11","section_id":"776481","structure_id":"3007","full_text":"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:\r\rB 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:\r\rC 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&#8217;s lien for rent will be destroyed or concealed.\r\r","text":{"0":{"id":"2503721","text":"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:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1},"1":{"id":"2503722","text":" 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 &#8220;estate,&#8221; 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;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2},"2":{"id":"2503723","text":" Is removing or is about to remove himself out of this Commonwealth with intent to change his domicile;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2},"3":{"id":"2503724","text":" 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;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2},"4":{"id":"2503725","text":" 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;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2},"5":{"id":"2503726","text":" 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;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2},"6":{"id":"2503727","text":" 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.The intent mentioned in subdivisions 4 and 5 above may be stated either in the alternative or conjunctive.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2},"7":{"id":"2503728","text":"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:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1},"8":{"id":"2503729","text":" 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","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2},"9":{"id":"2503730","text":" 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.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2},"10":{"id":"2503731","text":"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&#8217;s lien for rent will be destroyed or concealed.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1}},"ancestry":{"1":{"id":"3007","name":"Attachments Generally","identifier":"1","label":"article","url":"\/8.01\/20\/1\/"},"2":{"id":"1548","name":"Attachments And Bail In Civil Cases","identifier":"20","label":"chapter","url":"\/8.01\/20\/"},"3":{"id":"52","name":"Civil Remedies And Procedure","identifier":"8.01","label":"title","url":"\/8.01\/"}},"structure_contents":{"0":{"id":"795543","structure_id":"3007","section_number":"8.01-533","catch_line":"Who may sue out attachment","url":"\/8.01-533\/","token":"8.01\/20\/1\/8.01-533"},"1":{"id":"776481","structure_id":"3007","section_number":"8.01-534","catch_line":"Grounds of action for pretrial levy or seizure of attachment","url":"\/8.01-534\/","token":"8.01\/20\/1\/8.01-534"},"2":{"id":"795678","structure_id":"3007","section_number":"8.01-535","catch_line":"Jurisdiction of attachments; trial or hearing of issues","url":"\/8.01-535\/","token":"8.01\/20\/1\/8.01-535"},"3":{"id":"772443","structure_id":"3007","section_number":"8.01-536","catch_line":"Pleadings in attachment","url":"\/8.01-536\/","token":"8.01\/20\/1\/8.01-536"},"4":{"id":"778466","structure_id":"3007","section_number":"8.01-537","catch_line":"Petition for attachment; costs, fees and taxes","url":"\/8.01-537\/","token":"8.01\/20\/1\/8.01-537"},"5":{"id":"791337","structure_id":"3007","section_number":"8.01-537.1","catch_line":"Plaintiff to file bond","url":"\/8.01-537.1\/","token":"8.01\/20\/1\/8.01-537.1"},"6":{"id":"784467","structure_id":"3007","section_number":"8.01-538","catch_line":"Attachment of ships, boats and other vessels of more than twenty tons","url":"\/8.01-538\/","token":"8.01\/20\/1\/8.01-538"},"7":{"id":"786412","structure_id":"3007","section_number":"8.01-539","catch_line":"Who made defendants","url":"\/8.01-539\/","token":"8.01\/20\/1\/8.01-539"},"8":{"id":"781767","structure_id":"3007","section_number":"8.01-540","catch_line":"Issuance of attachment; against what attachment to issue","url":"\/8.01-540\/","token":"8.01\/20\/1\/8.01-540"},"9":{"id":"777057","structure_id":"3007","section_number":"8.01-541","catch_line":"To whom attachments directed; when and where returned","url":"\/8.01-541\/","token":"8.01\/20\/1\/8.01-541"},"10":{"id":"796178","structure_id":"3007","section_number":"8.01-542","catch_line":"Issue and execution of attachment on any day","url":"\/8.01-542\/","token":"8.01\/20\/1\/8.01-542"},"11":{"id":"783252","structure_id":"3007","section_number":"8.01-544","catch_line":"When attachment not served other attachments may issue; order of publication","url":"\/8.01-544\/","token":"8.01\/20\/1\/8.01-544"},"12":{"id":"784777","structure_id":"3007","section_number":"8.01-545","catch_line":"Amendments; formal defects","url":"\/8.01-545\/","token":"8.01\/20\/1\/8.01-545"}},"previous_section":{"id":"795543","structure_id":"3007","section_number":"8.01-533","catch_line":"Who may sue out attachment","url":"\/8.01-533\/","token":"8.01\/20\/1\/8.01-533"},"next_section":{"id":"795678","structure_id":"3007","section_number":"8.01-535","catch_line":"Jurisdiction of attachments; 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It shall be sufficient ground for an action for pretrial levy or seizure or\nan attachment that the principal defendant or one of the principal defendants:\n\n   1.  Is a foreign corporation, or is not a resident of this Commonwealth, and\n   has estate or has debts owing to such defendant within the county or city in\n   which the attachment is, or that such defendant being a nonresident of this\n   Commonwealth, is entitled to the benefit of any lien, legal or equitable, on\n   property, real or personal, within the county or city in which the attachment\n   is.  The word &#8220;estate,&#8221; as herein used, includes all rights or\n   interests of a pecuniary nature which can be protected, enforced, or proceeded\n   against in courts of law or equity;\n\n   2.  Is removing or is about to remove himself out of this Commonwealth with\n   intent to change his domicile;\n\n   3.  Intends to remove, or is removing, or has removed the specific property\n   sued for, or his own estate, or the proceeds of the sale of his property, or a\n   material part of such estate or proceeds, out of this Commonwealth so that\n   there will probably not be therein effects of such debtor sufficient to\n   satisfy the claim when judgment is obtained therefor should only the ordinary\n   process of law be used to obtain the judgment;\n\n   4.  Is converting, is about to convert or has converted his property of\n   whatever kind, or some part thereof, into money, securities or evidences of\n   debt with intent to hinder, delay, or defraud his creditors;\n\n   5.  Has assigned or disposed of or is about to assign or dispose of his\n   estate, or some part thereof, with intent to hinder, delay or defraud his\n   creditors;\n\n   6.  Has absconded or is about to abscond or has concealed or is about to\n   conceal himself or his property to the injury of his creditors, or is a\n   fugitive from justice.The intent mentioned in subdivisions 4 and 5 above may\n   be stated either in the alternative or conjunctive.\n\nB. It shall be sufficient ground for an action for pretrial levy or seizure or\nan attachment if the specific personal property sought to be levied or seized:\n\n   1.  Will be sold, removed, secreted or otherwise disposed of by the defendant,\n   in violation of an obligation to the plaintiff, so as not to be forthcoming to\n   answer the final judgment of the court respecting the same; or\n\n   2.  Will be destroyed, or materially damaged or injured if permitted to remain\n   in the possession of the principal defendant or one of the principal\n   defendants or other person or persons claiming under them.\n\nC. In an action for rent, it also shall be a sufficient ground if there is an\nimmediate danger that the property subject to the landlord&#8217;s lien for rent\nwill be destroyed or concealed.\n\nHISTORY: Code 1950, \u00a7 8-520; 1954, c. 333; 1977, c. 617; 1993, c. 841."}