Attachment Flashcards
What is attachment in Virginia, and what is its purpose?
Attachment is a judicial process allowing a creditor to secure a debtor’s property through a writ of attachment, creating a provisional lien. It ensures priority over other claimants and holds the property to satisfy a judgment.
What are the grounds for seeking an attachment in Virginia?
A: Grounds include:
The debtor is a foreign corporation or non-resident of Virginia.
The debtor intends to leave Virginia, remove property, or convert property to hinder creditors.
The debtor has disposed of or plans to dispose of property to defraud creditors.
The debtor is a fugitive or absconding with property.
The property is at risk of being destroyed, hidden, or sold in violation of an obligation.
What is the process for initiating attachment in Virginia?
A:
File a petition for attachment with the court.
The judge reviews the petition ex parte and issues a writ of attachment if reasonable grounds exist.
Post the required bond before proceeding.
What are the sheriff’s responsibilities when levying an attachment?
A:
Attach the specific property described in the petition or as much property as needed to satisfy the claim.
Safeguard tangible personal property.
Properly describe and serve any real estate involved.
When does an attachment lien attach to property?
A:
It attaches to the debtor’s tangible personal property when the sheriff makes a proper levy.
It attaches to property held by a third party when the third party is named as a codefendant and served with the attachment.
What must a creditor do to make an attachment lien effective against a bona fide purchaser (BFP)? (MAJOR KEY)
A: The creditor must file a memorandum of attachment or lis pendens in the clerk’s office of the court where the property is located.
How is the priority of an attachment lien determined?
A: The lien’s priority dates back to the attachment date, but it is only effective against a BFP if proper public notice is filed.
What happens to the attachment lien upon judgment?
The lien is finalized and can be enforced to satisfy the creditor’s judgment.
What are some defenses to an attachment in Virginia?
A:
Lack of jurisdiction.
Issuance of the attachment based on false information.
Failure to state valid grounds for attachment.
The plaintiff is unlikely to succeed on the merits of the claim.
Counterclaims or defenses by the debtor.
What can a debtor do if they succeed in challenging an attachment?
A: If the attachment is quashed or the plaintiff loses, the debtor can sue for abuse of process.
What special considerations apply to rent-related attachment actions?
A: Attachment may apply if there’s an immediate danger that property subject to a landlord’s lien for rent will be destroyed or concealed.
What happens if the defendant is not served at least 10 days before judgment?
A: The plaintiff cannot obtain a judgment unless they post the required bond.
