Prejudgment Attachment (Detinue)

Question 1

What will the Commonwealth of Virginia do to help you collect a debt before you have a judgement?

Answer 1

You must call dibs on the property if you win the suit. But, the court must balance the cost of calling dibs, such as whether you’ll actually win the suit.

Question 2

A prejudgment lien is obtained by petitioning the court for a…

Answer 2

“writ of attachment” also called “detinue”

Question 3

What are prejudgement attachments issued for?

Answer 3

1. Issued ancillary to suit; or
2. Issued to commence suit and establish jurisdiction.

In either case, the plaintiff must post bond.

Question 4

You must have ____ for a writ attachment.

Answer 4

Grounds.

Question 5

What are the grounds for a writ attachment?

Answer 5

1. Defendant is a non-resident or a foreign corporation.
2. Fraudulent conveyance has happened or is about to happen.
3. Defendant is going to move property out of state, or
4. Defendant is leaving state to be domiciled elsewhere.

Question 6

To lien personal property, there must be a proper ____ on personal propertty in defendant’s possession.

Answer 6

levy

Question 7

To lien personal property in a third partty’s possession, the third party must be…

Answer 7

joined as a co-defendant in the underlying lawsuit.

Question 8

What must happen for real property to be liened?

Answer 8

1. The officer’s return, which is the document prepared by the sheriff in response to the court’s writ of attachment, describes the property.
2. Attachment is served on the party in possession.

Question 9

After prejudgement attachment, the creditor has…

Answer 9

an unconsummated lien.

Question 10

A lien is consummated when..

Answer 10

the plaintiff wins a judgment.

Question 11

Consummation of a prejudgement attachment gives the creditor…

Answer 11

priority in the property against third parties.

Question 12

How far back in time is the consummated creditor’s priority against third-parties?

Answer 12

back to the time of attachment.

Question 13

In order for the creditor’s lien to be good against a bona fide purchaser of real property,, the creditor must file a ___ _______ prior to the purchase.

Answer 13

lis pendens

Question 14

A lis pendens is…

Answer 14

a document placed in the real estate recording office indicating that real property is subject to litigation.

Question 15

To comply with due process, the plaintiff who wants a writ of attachment must…

Answer 15

1. File with a judge
2. Allege specific facts supporting grounds for attachment. No blanket allegations.

Question 16

What happens after the plaintiff meets his due process obligations for a writ of attachment?

Answer 16

The judge will have an ex parte hearing.

Question 17

Defendant has __ days to challenge the lien.

Answer 17

10

Question 18

The defendant can get the judge to quash the lien if:

Answer 18

1. The lien is invalid. (e.g. a judge issued a writ based on facts that aren’t proper ground for the lien)
2. The lien is unsupported. (there is a proper ground alleged but in fact the ground doesn’t exist)
3. The plaintiff is unlikely to prevail in the underlying lawsuit.