                                 CODE OF VIRGINIA

RELEASE OF MECHANIC&#8217;S LIEN UPON PAYMENT INTO COURT OR FILING OF BOND AFTER
SUIT BROUGHT (§ 43-70)

In any suit brought under the provisions of § 43-22, the owner of the building
and premises to which the lien, or liens, sought to be enforced shall have
attached, the general contractor for such building or other parties in interest
may, after five days&#8217; notice to the lienor, or lienors, apply to the court
in which such suit shall be pending, or to the judge thereof in vacation, for
permission to pay into court an amount of money sufficient to discharge such
lien, or liens, and the costs of the suit or for permission to file a bond in
the penalty of double the amount of such lien, or liens, and costs, with surety
to be approved by the court, or judge, conditioned for the payment of such
judgment adjudicating the lien or liens to be valid and determining the amount
for which the same would have been enforceable against the real estate as may be
rendered by the court upon the hearing of the case on its merits, which
permission shall be granted by the court, or judge, in either such case, unless
good cause be shown against the same by some party in interest.
		Upon the payment of such money into court, or upon the filing of such bond, as
the case may be, after the court has granted permission for the same to be done,
the property affected thereby shall stand released from such lien, or liens, and
the money so paid in, or the bond so filed, as the case may be, shall be subject
to the final judgment of the court upon the hearing of the case on its merits.

HISTORY: 1936, p. 492; Michie Code 1942, § 6437a; 1962, c. 166; 1976, c. 388;
1992, c. 532.