{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-2816.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-2816.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-2816.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-2816.html"}],"law_id":72671,"edition_id":1,"section_id":72671,"structure_id":14612,"section_number":"2.2-2816","catch_line":"Liability of salary of officer for debt he owes Commonwealth; how enforced; when officer’s right to file petition barred","history":"Code 1950, \u00a7\u00a7 14-3, 14-4; 1964, cc. 386, \u00a7\u00a7 14.1-3, 14.1-4; 1998, c. 872, \u00a7 2.1-20.7; 2001, c. 844.","full_text":"A\n\nWhenever any officer, other than one whose office is created by the Constitution of Virginia, is indebted to the Commonwealth for money collected by him or improperly drawn by him or upon his order from the state treasury during his term of office and, after payment of such indebtedness is demanded by the Comptroller, such officer continues in default, the Comptroller shall not issue his warrant for, nor shall the State Treasurer pay, any part of the salary due, or to become due, to such officer until he has made good his default. He may, however, file his petition in the Circuit Court of the City of Richmond against the Comptroller, asserting his claim to his salary, and asking for payment thereof. The Comptroller shall answer the petition, and the proceedings shall be held according to the provisions of Article 18 (§ 8.01-192 et seq.) of Chapter 3 of Title 8.01 and § 8.01-255. If it is found that the petitioner is indebted, the Commonwealth shall be credited on his salary then due with the amount of such indebtedness and if, after such credit is given, there is a balance in his favor, judgment shall be rendered on his behalf. If the indebtedness exceeds his salary then due, judgment for the excess shall be rendered against him and the amount thereof, unless sooner paid, shall be credited to the Commonwealth on his salary thereafter becoming due. The Comptroller shall issue his warrant on the State Treasurer for the payment of any judgment rendered on behalf of the petitioner. In the proceeding by petition the Attorney General shall represent the Commonwealth, unless he is interested, in which case the Comptroller shall employ other counsel to represent the Commonwealth.B\n\nIf the officer fails to file a petition under this section within twelve months after payment of any installment of his salary is withheld, his right to file the petition shall be barred. In such case the Comptroller shall credit the Commonwealth on the officer’s salary with the amount of his indebtedness, and make that fact appear on the books of his office.","order_by":null,"text":{"0":{"id":261594,"text":"Whenever any officer, other than one whose office is created by the Constitution of Virginia, is indebted to the Commonwealth for money collected by him or improperly drawn by him or upon his order from the state treasury during his term of office and, after payment of such indebtedness is demanded by the Comptroller, such officer continues in default, the Comptroller shall not issue his warrant for, nor shall the State Treasurer pay, any part of the salary due, or to become due, to such officer until he has made good his default. He may, however, file his petition in the Circuit Court of the City of Richmond against the Comptroller, asserting his claim to his salary, and asking for payment thereof. The Comptroller shall answer the petition, and the proceedings shall be held according to the provisions of Article 18 (§ 8.01-192 et seq.) of Chapter 3 of Title 8.01 and § 8.01-255. If it is found that the petitioner is indebted, the Commonwealth shall be credited on his salary then due with the amount of such indebtedness and if, after such credit is given, there is a balance in his favor, judgment shall be rendered on his behalf. If the indebtedness exceeds his salary then due, judgment for the excess shall be rendered against him and the amount thereof, unless sooner paid, shall be credited to the Commonwealth on his salary thereafter becoming due. The Comptroller shall issue his warrant on the State Treasurer for the payment of any judgment rendered on behalf of the petitioner. In the proceeding by petition the Attorney General shall represent the Commonwealth, unless he is interested, in which case the Comptroller shall employ other counsel to represent the Commonwealth.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":261595,"text":"If the officer fails to file a petition under this section within twelve months after payment of any installment of his salary is withheld, his right to file the petition shall be barred. In such case the Comptroller shall credit the Commonwealth on the officer’s salary with the amount of his indebtedness, and make that fact appear on the books of his office.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14612,"edition_id":1,"name":"General Provisions","identifier":"28","label":"chapter","depth":4,"order_by":1,"parent_id":13049,"metadata":{},"date_created":"2026-06-26 03:48:55","date_modified":"2026-06-26 03:48:55","permalink":{"id":175735,"object_type":"structure","relational_id":14612,"identifier":"28","token":"2.2\/I\/E\/28","url":"\/2.2\/I\/E\/28\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13049,"edition_id":1,"name":"State Officers and Employees","identifier":"E","label":"part","depth":3,"order_by":1,"parent_id":12784,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":175733,"object_type":"structure","relational_id":13049,"identifier":"E","token":"2.2\/I\/E","url":"\/2.2\/I\/E\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12784,"edition_id":1,"name":"Organization of State Government","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":171455,"object_type":"structure","relational_id":12784,"identifier":"I","token":"2.2\/I","url":"\/2.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68109,"structure_id":14612,"section_number":"2.2-2800","catch_line":"Disability to hold state office","url":"\/2.2-2800\/","token":"2.2\/I\/E\/28\/2.2-2800","metadata":false},{"id":80552,"structure_id":14612,"section_number":"2.2-2801","catch_line":"Disability to hold state office; exceptions","url":"\/2.2-2801\/","token":"2.2\/I\/E\/28\/2.2-2801","metadata":false},{"id":75134,"structure_id":14612,"section_number":"2.2-2802","catch_line":"Exception as to public officer or employee who engages in war service or is called to active duty in the Armed Forces of the United States","url":"\/2.2-2802\/","token":"2.2\/I\/E\/28\/2.2-2802","metadata":false},{"id":83200,"structure_id":14612,"section_number":"2.2-2803","catch_line":"Exception as to public officer or employee serving in the Selective Service System of the United States","url":"\/2.2-2803\/","token":"2.2\/I\/E\/28\/2.2-2803","metadata":false},{"id":86431,"structure_id":14612,"section_number":"2.2-2804","catch_line":"Selective Service compliance","url":"\/2.2-2804\/","token":"2.2\/I\/E\/28\/2.2-2804","metadata":false},{"id":69867,"structure_id":14612,"section_number":"2.2-2805","catch_line":"Members of armed forces; reserve forces","url":"\/2.2-2805\/","token":"2.2\/I\/E\/28\/2.2-2805","metadata":false},{"id":83533,"structure_id":14612,"section_number":"2.2-2806","catch_line":"Holding other office by officers of state institutions","url":"\/2.2-2806\/","token":"2.2\/I\/E\/28\/2.2-2806","metadata":false},{"id":74638,"structure_id":14612,"section_number":"2.2-2807","catch_line":"Prohibition against holding two elected offices simultaneously; exceptions","url":"\/2.2-2807\/","token":"2.2\/I\/E\/28\/2.2-2807","metadata":false},{"id":66395,"structure_id":14612,"section_number":"2.2-2808","catch_line":"Acts under color of office; contracts in violation of chapter","url":"\/2.2-2808\/","token":"2.2\/I\/E\/28\/2.2-2808","metadata":false},{"id":75253,"structure_id":14612,"section_number":"2.2-2809","catch_line":"Bonds of certain officers required; condition","url":"\/2.2-2809\/","token":"2.2\/I\/E\/28\/2.2-2809","metadata":false},{"id":69613,"structure_id":14612,"section_number":"2.2-2810","catch_line":"Premiums on such bonds","url":"\/2.2-2810\/","token":"2.2\/I\/E\/28\/2.2-2810","metadata":false},{"id":58498,"structure_id":14612,"section_number":"2.2-2811","catch_line":"Where bonds filed","url":"\/2.2-2811\/","token":"2.2\/I\/E\/28\/2.2-2811","metadata":false},{"id":73283,"structure_id":14612,"section_number":"2.2-2812","catch_line":"Employment of personnel","url":"\/2.2-2812\/","token":"2.2\/I\/E\/28\/2.2-2812","metadata":false},{"id":79679,"structure_id":14612,"section_number":"2.2-2812.1","catch_line":"State agencies prohibited from inquiring about arrests, charges, or convictions on employment applications; exceptions","url":"\/2.2-2812.1\/","token":"2.2\/I\/E\/28\/2.2-2812.1","metadata":false},{"id":71377,"structure_id":14612,"section_number":"2.2-2813","catch_line":"Definitions; compensation and expense payments from state funds for service on collegial bodies","url":"\/2.2-2813\/","token":"2.2\/I\/E\/28\/2.2-2813","metadata":false},{"id":72502,"structure_id":14612,"section_number":"2.2-2814","catch_line":"How salaries, expenses and other allowances paid; time of payment","url":"\/2.2-2814\/","token":"2.2\/I\/E\/28\/2.2-2814","metadata":false},{"id":65734,"structure_id":14612,"section_number":"2.2-2815","catch_line":"Increase in salaries","url":"\/2.2-2815\/","token":"2.2\/I\/E\/28\/2.2-2815","metadata":false},{"id":72671,"structure_id":14612,"section_number":"2.2-2816","catch_line":"Liability of salary of officer for debt he owes Commonwealth; how enforced; when officer's right to file petition barred","url":"\/2.2-2816\/","token":"2.2\/I\/E\/28\/2.2-2816","metadata":false},{"id":73024,"structure_id":14612,"section_number":"2.2-2817","catch_line":"Defense of employees","url":"\/2.2-2817\/","token":"2.2\/I\/E\/28\/2.2-2817","metadata":false},{"id":85515,"structure_id":14612,"section_number":"2.2-2817.1","catch_line":"State agencies to establish alternative work schedules; reporting requirement","url":"\/2.2-2817.1\/","token":"2.2\/I\/E\/28\/2.2-2817.1","metadata":false},{"id":61045,"structure_id":14612,"section_number":"2.2-2817.2","catch_line":"Employees of the University of Virginia Medical Center","url":"\/2.2-2817.2\/","token":"2.2\/I\/E\/28\/2.2-2817.2","metadata":false},{"id":68317,"structure_id":14612,"section_number":"2.2-2818","catch_line":"Health and related insurance for state employees","url":"\/2.2-2818\/","token":"2.2\/I\/E\/28\/2.2-2818","metadata":false},{"id":80971,"structure_id":14612,"section_number":"2.2-2818.01","catch_line":"Employer contributions","url":"\/2.2-2818.01\/","token":"2.2\/I\/E\/28\/2.2-2818.01","metadata":false},{"id":76713,"structure_id":14612,"section_number":"2.2-2818.1","catch_line":"Supplemental health insurance coverage; state employees eligible for military health insurance coverage","url":"\/2.2-2818.1\/","token":"2.2\/I\/E\/28\/2.2-2818.1","metadata":false},{"id":64235,"structure_id":14612,"section_number":"2.2-2818.2","catch_line":"Application of mandates to the state employee health insurance plan","url":"\/2.2-2818.2\/","token":"2.2\/I\/E\/28\/2.2-2818.2","metadata":false},{"id":77915,"structure_id":14612,"section_number":"2.2-2819","catch_line":"Purchase of continued health insurance coverage by the surviving spouse and any dependents of an active or retired state employee","url":"\/2.2-2819\/","token":"2.2\/I\/E\/28\/2.2-2819","metadata":false},{"id":56145,"structure_id":14612,"section_number":"2.2-2820","catch_line":"Purchase of health insurance coverage by part-time state employees","url":"\/2.2-2820\/","token":"2.2\/I\/E\/28\/2.2-2820","metadata":false},{"id":83527,"structure_id":14612,"section_number":"2.2-2820.1","catch_line":"Repealed","url":"\/2.2-2820.1\/","token":"2.2\/I\/E\/28\/2.2-2820.1","metadata":false},{"id":76045,"structure_id":14612,"section_number":"2.2-2821","catch_line":"Workers' compensation insurance plan for state employees trust fund for payment of claims","url":"\/2.2-2821\/","token":"2.2\/I\/E\/28\/2.2-2821","metadata":false},{"id":82554,"structure_id":14612,"section_number":"2.2-2821.1","catch_line":"Leave for bone marrow or organ donation","url":"\/2.2-2821.1\/","token":"2.2\/I\/E\/28\/2.2-2821.1","metadata":false},{"id":66004,"structure_id":14612,"section_number":"2.2-2821.2","catch_line":"Leave for volunteer fire and volunteer emergency medical services","url":"\/2.2-2821.2\/","token":"2.2\/I\/E\/28\/2.2-2821.2","metadata":false},{"id":82416,"structure_id":14612,"section_number":"2.2-2821.3","catch_line":"Leave for volunteer members of Civil Air Patrol","url":"\/2.2-2821.3\/","token":"2.2\/I\/E\/28\/2.2-2821.3","metadata":false},{"id":64304,"structure_id":14612,"section_number":"2.2-2822","catch_line":"Ownership and use of patents and copyrights developed by certain public employees; Creative Commons copyrights","url":"\/2.2-2822\/","token":"2.2\/I\/E\/28\/2.2-2822","metadata":false},{"id":60037,"structure_id":14612,"section_number":"2.2-2823","catch_line":"Traveling expenses on state business; public or private transportation","url":"\/2.2-2823\/","token":"2.2\/I\/E\/28\/2.2-2823","metadata":false},{"id":86427,"structure_id":14612,"section_number":"2.2-2824","catch_line":"Monitoring travel expenses while on state business","url":"\/2.2-2824\/","token":"2.2\/I\/E\/28\/2.2-2824","metadata":false},{"id":73173,"structure_id":14612,"section_number":"2.2-2825","catch_line":"Reimbursement for certain travel expenditures; restrictions on reimbursement","url":"\/2.2-2825\/","token":"2.2\/I\/E\/28\/2.2-2825","metadata":false},{"id":86361,"structure_id":14612,"section_number":"2.2-2826","catch_line":"Travel expense accounts; review by Comptroller","url":"\/2.2-2826\/","token":"2.2\/I\/E\/28\/2.2-2826","metadata":false},{"id":66971,"structure_id":14612,"section_number":"2.2-2827","catch_line":"Restrictions on state employee access to information infrastructure","url":"\/2.2-2827\/","token":"2.2\/I\/E\/28\/2.2-2827","metadata":false},{"id":72066,"structure_id":14612,"section_number":"2.2-2828","catch_line":"Repealed","url":"\/2.2-2828\/","token":"2.2\/I\/E\/28\/2.2-2828","metadata":false},{"id":68011,"structure_id":14612,"section_number":"2.2-2829","catch_line":"Disappearance of public officer; when office presumed vacant","url":"\/2.2-2829\/","token":"2.2\/I\/E\/28\/2.2-2829","metadata":false},{"id":74132,"structure_id":14612,"section_number":"2.2-2830","catch_line":"Governor to fill vacancy in any state office where no other provision is made by law; term of appointment; benefits","url":"\/2.2-2830\/","token":"2.2\/I\/E\/28\/2.2-2830","metadata":false},{"id":76461,"structure_id":14612,"section_number":"2.2-2831","catch_line":"Payment of severance benefits; exceptions","url":"\/2.2-2831\/","token":"2.2\/I\/E\/28\/2.2-2831","metadata":false},{"id":75582,"structure_id":14612,"section_number":"2.2-2832","catch_line":"Retaliatory actions against persons providing testimony before a committee or subcommittee of the General Assembly","url":"\/2.2-2832\/","token":"2.2\/I\/E\/28\/2.2-2832","metadata":false},{"id":78628,"structure_id":14612,"section_number":"2.2-2833","catch_line":"Possession of naloxone or other opioid antagonists by state agencies","url":"\/2.2-2833\/","token":"2.2\/I\/E\/28\/2.2-2833","metadata":false}],"previous_section":{"id":65734,"structure_id":14612,"section_number":"2.2-2815","catch_line":"Increase in salaries","url":"\/2.2-2815\/","token":"2.2\/I\/E\/28\/2.2-2815","metadata":false},"next_section":{"id":73024,"structure_id":14612,"section_number":"2.2-2817","catch_line":"Defense of employees","url":"\/2.2-2817\/","token":"2.2\/I\/E\/28\/2.2-2817","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-2816\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1964, chapter 386; in 1998, chapter 872<\/a>; in 2001, chapter 844<\/a>.<\/p>","references":[{"id":56892,"section_number":"63.2-1948","catch_line":"Payment by Department for legal services","order_by":null,"url":"\/63.2-1948\/"},{"id":61748,"section_number":"63.2-525","catch_line":"Payment by Department for legal services","order_by":null,"url":"\/63.2-525\/"}],"refers_to":[{"id":58229,"section_number":"8.01-192","catch_line":"How claims to be prosecuted","order_by":null,"url":"\/8.01-192\/"},{"id":77813,"section_number":"8.01-255","catch_line":"Time for presenting claim against Commonwealth","order_by":null,"url":"\/8.01-255\/"}],"permalink":{"id":175805,"object_type":"law","relational_id":72671,"identifier":"2.2-2816","token":"2.2\/I\/E\/28\/2.2-2816","url":"\/2.2-2816\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-2816\/","token":"2.2\/I\/E\/28\/2.2-2816","dublin_core":{"Title":"Liability of salary of officer for debt he owes Commonwealth; how enforced; when officer’s right to file petition barred","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-2816","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever any officer, other than one whose office is created by the Constitution of Virginia, is indebted to the Commonwealth for money collected by him or improperly drawn by him or upon his order<\/span> from the state treasury during his term of office and, after payment of such indebtedness is demanded by the Comptroller, such officer continues in default<\/span>, the Comptroller shall not issue<\/span> his warrant for, nor shall the State Treasurer pay, any part of the salary due, or to become due, to such officer until he has made good his default<\/span>. He may, however, file his petition<\/span> in the Circuit<\/span> Court<\/span> of the City of Richmond against the Comptroller, asserting his claim to his salary, and asking for payment thereof. The Comptroller shall answer the petition<\/span>, and the proceedings shall be held according to the provisions of Article 18 (§ 8.01-192<\/a> et seq.) of Chapter 3 of Title 8.01 and § 8.01-255<\/a>. If it is found that the petitioner is indebted, the Commonwealth shall be credited on his salary then due with the amount of such indebtedness and if, after such credit is given, there is a balance in his favor, judgment<\/span> shall be rendered on his behalf. If the indebtedness exceeds his salary then due, judgment<\/span> for the excess shall be rendered against him and the amount thereof, unless sooner paid, shall be credited to the Commonwealth on his salary thereafter becoming due. The Comptroller shall issue<\/span> his warrant on the State Treasurer for the payment of any judgment<\/span> rendered on behalf of the petitioner. In the proceeding by petition<\/span> the Attorney General<\/span> shall represent the Commonwealth, unless he is interested, in which case the Comptroller shall employ other counsel<\/span> to represent the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the officer fails to file a petition<\/span> under this section within twelve months after payment of any installment of his salary is withheld, his right to file the petition<\/span> shall be barred. In such case the Comptroller shall credit the Commonwealth on the officer’s salary with the amount of his indebtedness, and make that fact<\/span> appear on the books of his office. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIABILITY OF SALARY OF OFFICER FOR DEBT HE OWES COMMONWEALTH; HOW ENFORCED; WHEN\nOFFICER’S RIGHT TO FILE PETITION BARRED (\u00a7 2.2-2816)\n\nA. Whenever any officer, other than one whose office is created by the\nConstitution of Virginia, is indebted to the Commonwealth for money collected by\nhim or improperly drawn by him or upon his order from the state treasury during\nhis term of office and, after payment of such indebtedness is demanded by the\nComptroller, such officer continues in default, the Comptroller shall not issue\nhis warrant for, nor shall the State Treasurer pay, any part of the salary due,\nor to become due, to such officer until he has made good his default. He may,\nhowever, file his petition in the Circuit Court of the City of Richmond against\nthe Comptroller, asserting his claim to his salary, and asking for payment\nthereof. The Comptroller shall answer the petition, and the proceedings shall be\nheld according to the provisions of Article 18 (§ 8.01-192 et seq.) of\nChapter 3 of Title 8.01 and § 8.01-255. If it is found that the petitioner\nis indebted, the Commonwealth shall be credited on his salary then due with the\namount of such indebtedness and if, after such credit is given, there is a\nbalance in his favor, judgment shall be rendered on his behalf. If the\nindebtedness exceeds his salary then due, judgment for the excess shall be\nrendered against him and the amount thereof, unless sooner paid, shall be\ncredited to the Commonwealth on his salary thereafter becoming due. The\nComptroller shall issue his warrant on the State Treasurer for the payment of\nany judgment rendered on behalf of the petitioner. In the proceeding by petition\nthe Attorney General shall represent the Commonwealth, unless he is interested,\nin which case the Comptroller shall employ other counsel to represent the\nCommonwealth.\n\nB. If the officer fails to file a petition under this section within twelve\nmonths after payment of any installment of his salary is withheld, his right to\nfile the petition shall be barred. In such case the Comptroller shall credit the\nCommonwealth on the officer’s salary with the amount of his indebtedness,\nand make that fact appear on the books of his office.\n\nHISTORY: Code 1950, \u00a7\u00a7 14-3, 14-4; 1964, cc. 386, \u00a7\u00a7 14.1-3, 14.1-4; 1998,\nc. 872, \u00a7 2.1-20.7; 2001, c. 844.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}