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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>72671</law_id><section_number>2.2-2816</section_number><catch_line>Liability of salary of officer for debt he owes Commonwealth; how enforced; when officer&amp;#8217;s right to file petition barred</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>63.2-1948</reference><reference>63.2-525</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="2.2">Administration of Government</unit><unit label="subtitle" level="2" order_by="1" identifier="I">Organization of State Government</unit><unit label="part" level="3" order_by="1" identifier="E">State Officers and Employees</unit><unit label="chapter" level="4" order_by="1" identifier="28">General Provisions</unit></structure><text>
						<section id="A"><p><span class="prefix-number">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 <span class="dictionary">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 <span class="dictionary">default</span>, the Comptroller shall not <span class="dictionary">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 <span class="dictionary">default</span>. He may, however, file his <span class="dictionary">petition</span> in the <span class="dictionary">Circuit</span> <span class="dictionary">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 <span class="dictionary">petition</span>, and the proceedings shall be held according to the provisions of Article 18 (&#xA7; <a class="law" title="How claims to be prosecuted" href="/8.01-192/">8.01-192</a> et seq.) of Chapter 3 of Title 8.01 and &#xA7; <a class="law" title="Time for presenting claim against Commonwealth" href="/8.01-255/">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, <span class="dictionary">judgment</span> shall be rendered on his behalf. If the indebtedness exceeds his salary then due, <span class="dictionary">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 <span class="dictionary">issue</span> his warrant on the State Treasurer for the payment of any <span class="dictionary">judgment</span> rendered on behalf of the petitioner. In the proceeding by <span class="dictionary">petition</span> the <span class="dictionary">Attorney General</span> shall represent the Commonwealth, unless he is interested, in which case the Comptroller shall employ other <span class="dictionary">counsel</span> to represent the Commonwealth. <a id="paragraph-261594" class="section-permalink" href="https://vacode.org/2.2-2816/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> If the officer fails to file a <span class="dictionary">petition</span> under this section within twelve months after payment of any installment of his salary is withheld, his right to file the <span class="dictionary">petition</span> shall be barred. In such case the Comptroller shall credit the Commonwealth on the officer&#x2019;s salary with the amount of his indebtedness, and make that <span class="dictionary">fact</span> appear on the books of his office. <a id="paragraph-261595" class="section-permalink" href="https://vacode.org/2.2-2816/#B"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7;&#xA7; 14-3, 14-4; 1964, cc. 386, &#xA7;&#xA7; 14.1-3, 14.1-4; 1998, c. 872, &#xA7; 2.1-20.7; 2001, c. 844.</history><metadata></metadata></law>
