                                 CODE OF VIRGINIA

RELEASE OF MECHANIC&#8217;S LIEN UPON PAYMENT INTO COURT OR FILING BOND BEFORE
SUIT (§ 43-71)

At any time after the perfecting of any such lien and before a suit be brought
for the enforcement thereof, the owner of the property affected thereby, the
general contractor or other parties in interest may, after five days&#8217;
notice to the lienor, apply to the court having jurisdiction of a suit for the
enforcement of such lien, or to the judge thereof in vacation, for permission to
make such payment into court, or to file such bond, as prescribed in § 43-70,
which permission, in either such event, shall be granted by such court, or
judge, unless good cause be shown against the same by some party in interest.
Upon the granting of such permission, and the payment of such money into court,
or the filing of such bond, as the case may be, the property affected thereby
shall stand released from such lien.
		Such money, or bond, as the case may be, shall be held under the control of
the court and shall be subject to the final judgment of the court adjudicating
the lien or liens to be valid and determining the amount for which the same
would have been enforceable against the real estate in any suit or action
thereafter brought for the ascertainment of the rights of the parties in
interest, with respect hereto, or, shall be paid out and disposed of as the
parties in interest may direct, in the event the matters in controversy with
respect thereto be settled and adjusted between the parties without suit or
action.
		The sureties on any such bond, which may be involved in any suit or action
brought under the provisions of this section, shall be made parties to such suit
or action.

HISTORY: 1936, p. 493; Michie Code 1942, § 6437b; 1962, c. 166; 1976, c. 390;
1992, c. 532.