Any person may file his petition at any time before the property attached as the estate of a defendant is sold or the proceeds of sale paid to the plaintiff under the judgment, disputing the validity of the plaintiff's attachment thereon, or stating a claim thereto, or an interest in or lien on the same, under any other attachment or otherwise, and its nature, and upon giving security for cost, the court, without any other pleading, shall inquire into such claim, or, if either party demand it, impanel a jury for that purpose. If it be found that the petitioner has title to, or a lien on, or any interest in, such property, or its proceeds, the court shall make such order as may be necessary to protect his rights. The costs of such inquiry shall be paid by either party, at the discretion of the court.
Va. Code Ann. § 8.01-573
How and when claims of other persons to property tried
Applied in 1 court decision — leading case 573 F. Supp. 1036 - Eastern Indemnity Co. v. J.D. Conti Electric Co. (1983)
Most recently applied in 573 F. Supp. 1036 - Eastern Indemnity Co. v. J.D. Conti Electric Co. (November 1983)
Code 1950, § 8-560; 1977, c. 617.
Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.