reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 1 - Mechanics' and Materialmen's Liens › § 43-13. Funds paid to general contractor or subcontractor must be used to pay persons performing labor or furnishing material

Any contractor or subcontractor or any officer, director or employee of such contractor or subcontractor who shall, with intent to defraud, retain or use the funds, or any part thereof, paid by the owner or his agent, the contractor, or the lender to such contractor or by the owner or his agent, the contractor, or the lender to a subcontractor under any contract for the construction, removal, repair, or improvement of any building or structure permanently annexed to the freehold for any other purpose than to pay persons performing labor upon or furnishing material for such construction, repair, removal, or improvement is guilty of larceny in appropriating such funds for any other use while any amount for which the contractor or subcontractor may be liable or become liable under his contract for such labor or materials remains unpaid and may be prosecuted upon complaint of any person or persons who have not been fully paid any amount due them.
The use by any such contractor or subcontractor or any officer, director, or employee of such contractor or subcontractor of any moneys paid under the contract before paying all amounts due or to become due for labor performed or material furnished for such building or structure for any other purpose than paying such amounts due on the project shall be prima facie evidence of intent to defraud. Any breach or violation of this section may give rise to a civil cause of action for a party in contract with the general contractor or subcontractor, as appropriate; however, this right does not affect a contractor's or subcontractor's right to withhold payment for failure to properly perform labor or furnish materials on the project. Any contract or subcontract provision that allows a contracting party to withhold funds due under one contract or subcontract for alleged claims or damages due on another contract or subcontract is void as against public policy.
1932, p. 483; Michie Code 1942, § 6429b; 1968, c. 568; 1980, c. 390; 1982, c. 391; 1992, c. 713; 1998, c. 754; 2020, c. 873.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 1 - Mechanics' and Materialmen's Liens › § 43-13.1. Use of lien waiver form; forgery or signing without authority

Any person who knowingly presents a waiver of lien form to an owner, his agent, contractor, lender, or title company for the purpose of obtaining funds or title insurance and who forges or signs without authority the name of any person listed thereon shall be guilty of a felony and punished as provided in § 18.2-172.
1968, c. 568.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 1 - Mechanics' and Materialmen's Liens › § 43-13.2. When an affidavit or a signed statement of payment required of owner prior to sale

A person who is both the owner of a one- or two-family residential dwelling unit and either a developer of such property, a contractor in connection with the development or improvement of such property or a contractor or subcontractor furnishing labor or material in connection with the development or improvement of such property shall, at the time of settlement on the sale of such property, provide the purchaser with an affidavit or a signed statement attested to by a witness stating either (i) that all persons performing labor or furnishing materials in connection with the improvements on such property and with whom such owner is in privity of contract have been paid in full or (ii) the name, address and amount payable or claimed to be payable to any person so performing labor or furnishing materials and with whom such owner is in privity of contract. Willful failure to provide such statement or any willful material misrepresentation with respect to such a statement which causes a monetary loss to a financial institution, title company, contractor, subcontractor, supplier, owner, mechanics' lien agent or any other person or institution shall be punishable as a Class 5 felony.
1992, cc. 779, 787; 2003, c. 400.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 1 - Mechanics' and Materialmen's Liens › § 43-13.3. An affidavit or a signed statement of payment required of owner prior to sale or refinance; penalty

Any person who is the owner of a one- or two-family residential dwelling unit not included within the scope of § 43-13.2 shall, at the time of settlement on the sale of such property, provide the purchaser, or lender in the case of a permanent loan or refinance, with an affidavit or a signed statement attested to by a witness stating either (i) that all persons performing labor or furnishing materials in connection with any improvements on such property within 120 days prior to the date of settlement and with whom such owner is in privity of contract have been paid in full, or (ii) the name, address and amount payable or claimed to be payable to any person so performing labor or furnishing materials and with whom such owner is in privity of contract. Any willful material misrepresentation in the affidavit or signed statement attested to by a witness which causes a monetary loss to any financial institution, title company, or purchaser shall be punishable as a Class 3 misdemeanor.
1994, c. 388; 2003, c. 400.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 1 - Mechanics' and Materialmen's Liens › § 43-14.1. Service of notices

Any notice authorized or required by this chapter, except the notice required by § 43-11, may be served by any sheriff or constable who shall make return of the time and manner of service; or any such notice may be served by certified or registered mail and a return receipt therefor shall be prima facie evidence of receipt.
1968, c. 568; 1971, Ex. Sess., c. 155.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 1 - Mechanics' and Materialmen's Liens › § 43-15. Inaccuracies in memorandum or description not affecting lien

No inaccuracy in the memorandum filed, or in the description of the property to be covered by the lien, shall invalidate the lien, if the property can be reasonably identified by the description given and the memorandum conforms substantially to the requirements of §§ 43-5, 43-8 and 43-10, respectively, and is not wilfully false.
Code 1919, § 6431.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 1 - Mechanics' and Materialmen's Liens › § 43-16. What owner may do when contractor fails or refuses to complete building, etc.

If the owner is compelled to complete his building, structure, or railroad, or any part thereof undertaken by a general contractor in consequence of the failure or refusal of the general contractor to do so, the amount expended by the owner for such completion shall have priority over all mechanics' liens which have been or may be placed on such building, structure, or railroad by such general contractor, a subcontractor under him, or any person furnishing labor or materials to either of them.
Code 1919, § 6432.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 1 - Mechanics' and Materialmen's Liens › § 43-17. Limitation on suit to enforce lien

No suit to enforce any lien perfected under §§ 43-4, 43-5 and 43-7 to 43-10 shall be brought after six months from the time when the memorandum of lien was recorded or after sixty days from the time the building, structure or railroad was completed or the work thereon otherwise terminated, whichever time shall last occur; provided, however, that the filing of a petition to enforce any such lien in any suit wherein such petition may be properly filed shall be regarded as the institution of a suit under this section; and, provided further, that nothing herein shall extend the time within which such lien may be perfected.
Code 1919, § 6433; 1926, p. 43; 1956, c. 399.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 1 - Mechanics' and Materialmen's Liens › § 43-17.1. Hearing on validity of lien

Any party, having an interest in real property against which a lien has been filed, may, upon a showing of good cause, petition the court of equity having jurisdiction wherein the building, structure, other property, or railroad is located to hold a hearing to determine the validity of any perfected lien on the property. After reasonable notice to the lien claimant and any party to whom the benefit of the lien would inure and who has given notice as provided in § 43-18 of the Code of Virginia, the court shall hold a hearing and determine the validity of the lien. If the court finds that the lien is invalid, it shall forthwith order that the memorandum or notice of lien be released from record.
1975, c. 380; 2010, c. 352.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 1 - Mechanics' and Materialmen's Liens › § 43-18. Lien of general contractor to inure to benefit of subcontractor

The perfected lien of a general contractor on any building or structure shall inure to the benefit of any subcontractor, and of any person performing labor or furnishing materials to a subcontractor who has not perfected a lien on such building or structure, provided such subcontractor, or person performing labor or furnishing materials shall give written notice of his claim against the general contractor, or subcontractor, as the case may be, to the owner or his agent before the amount of such lien is actually paid off or discharged.
Code 1919, § 6434.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 1 - Mechanics' and Materialmen's Liens › § 43-19. Validity and priority of lien not affected by assignments

Every assignment or transfer by a general contractor, in whole or in part, of his contract with the owner or of any money or consideration coming to him under such contract, or by a subcontractor of his contract with the general contractor, in whole or in part, or of any money or consideration coming to him under his contract with the general contractor, and every writ of fieri facias, attachment or other process against the general contractor or subcontractor to subject or encumber his interest arising under such contract, shall be subject to the liens given by this chapter to laborers, mechanics, and materialmen. No such assignment or transfer shall in any way affect the validity or the priority of satisfaction of liens given by this chapter.
Code 1919, § 6435.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 1 - Mechanics' and Materialmen's Liens › § 43-20. Extent of lien where owner has less than fee in land

Subject to the provisions of § 43-3, if the person who shall cause a building or structure to be erected or repaired owns less than a fee simple estate in the land, then only his interest therein shall be subject to liens created under this chapter. When the vendee under a contract for the sale of real estate causes a building or structure to be erected or repaired on the land which is the subject of the contract and the owner has actual knowledge of such erection or repairs, the interest of the owner in the land shall be subject to liens created under this chapter; and for the purposes of § 43-21, the interest of such an owner in the land, to the extent of the unpaid purchase price, shall be deemed to be a recorded purchase money deed of trust lien created at the time the contract of sale was fully executed. As used in this section, "a contract for the sale of real estate" shall not include a lease of real estate containing an option to purchase the leased real estate or an option to purchase real estate unless the option is enforceable against the optionee.
Code 1919, § 6436; 1924, p. 413; 1968, c. 568; 1980, c. 574.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 1 - Mechanics' and Materialmen's Liens › § 43-21. Priorities between mechanics' and other liens

No lien or encumbrance upon the land created before the work was commenced or materials furnished shall operate upon the building or structure erected thereon, or materials furnished for and used in the same, until the lien in favor of the person doing the work or furnishing the materials shall have been satisfied; nor shall any lien or encumbrance upon the land created after the work was commenced or materials furnished operate on the land, or such building or structure, until the lien in favor of the person doing the work or furnishing the materials shall have been satisfied.
Unless otherwise provided in the subordination agreement, if the holder of the prior recorded lien of a purchase money deed of trust subordinates to the lien of a construction money deed of trust, such subordination shall be limited to the construction money deed of trust and said prior lien shall not be subordinate to mechanics' and materialmen's liens to the extent of the value of the land by virtue of such agreement.
In the enforcement of the liens acquired under the previous sections of this chapter, any lien or encumbrance created on the land before the work was commenced or materials furnished shall be preferred in the distribution of the proceeds of sale only to the extent of the value of the land estimated, exclusive of the buildings or structures, at the time of sale, and the residue of the proceeds of sale shall be applied to the satisfaction of the liens provided for in the previous sections of this chapter. Provided that liens filed for performing labor or furnishing materials for the repair or improvement of any building or structure shall be subject to any encumbrance against such land and building or structure of record prior to the commencement of the improvements or repairs or the furnishing of materials or supplies therefor. Nothing contained in the foregoing proviso shall apply to liens that may be filed for the construction or removal of any building or structure.
Notwithstanding the provisions of subsection C of § 43-3, a general contractor may, prior to or after providing any labor, services, or materials, contract to subordinate his lien rights to prior recorded and later recorded deeds of trust, provided that such contract is (i) in writing and (ii) signed by any general contractor whose lien rights are subordinated pursuant to such contract.
Code 1919, § 6436; 1924, p. 413; 1968, c. 568; 2018, cc. 79, 325.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 1 - Mechanics' and Materialmen's Liens › § 43-22. How liens enforced

The liens created and perfected under this chapter may be enforced in a court of equity by a bill filed in the county or city wherein the building, structure, or railroad, or some part thereof is situated, or wherein the owner, or if there be more than one, any of them, resides. The plaintiff shall file with his bill an itemized statement of his account, showing the amount and character of the work done or materials furnished, the prices charged therefor, the payments made, if any, the balance due, and the time from which interest is claimed thereon, the correctness of which account shall be verified by the affidavit of himself, or his agent. When suit is brought for the enforcement of any such lien against the property bound thereby, all parties entitled to such liens upon the property or any portion thereof may file petitions in such suit asking for the enforcement of their respective liens to have the same effect as if an independent suit were brought by each claimant.
Code 1919, § 6437; 1920, p. 485.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 1 - Mechanics' and Materialmen's Liens › § 43-23. Priority among liens perfected under this chapter

There shall be no priority among the liens created and perfected under this chapter, except that the lien of a subcontractor shall be preferred to that of his general contractor; the lien of persons performing labor or furnishing materials for a subcontractor, shall be preferred to that of such subcontractor; and liens filed by persons performing manual labor shall have priority over materialmen to the extent of the labor performed during the thirty days immediately preceding the date of the performance of the last labor.
Code 1919, § 6437; 1920, p. 485.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 1 - Mechanics' and Materialmen's Liens › § 43-23.1. Forfeiture of lien

Any person who shall, with intent to mislead, include in his memorandum of lien work not performed upon, or materials not furnished for, the property described in his memorandum shall thereby forfeit any right to a lien under this chapter.
1968, c. 568; 1976, c. 253.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 2 - Liens on Franchises and Property of Transportation, Etc., Companies › § 43-24. Liens of employees, suppliers, etc.

All conductors, brakemen, engine drivers, firemen, captains, stewards, pilots, clerks, depot or office agents, storekeepers, mechanics, traveling representatives or laborers, and all persons furnishing railroad iron, engines, cars, fuel and all other supplies necessary to the operation of any railway, canal or other transportation company, and all clerks, mechanics, traveling representatives, foremen, and laborers, and superintendents to the extent of not more than $100 per week, who furnish their services or labor to any one or more individuals trading under a real or fictitious name, or names, or to any partnership or other unincorporated body of persons, engaged in mining or manufacturing, or to any mining or manufacturing company, whether such railway, canal or other transportation or mining or manufacturing company be chartered under or by the laws of this Commonwealth, or be chartered elsewhere and be doing business within the limits of this Commonwealth, shall have a prior lien on the franchises, gross earnings and on all the real and personal property of such individual, partnership, unincorporated association or company which is used in operating the same, to the extent of the moneys due them by the individual, partnership, unincorporated association or company for such wages or supplies, which lien shall be superior to, and have priority over, any amount due by such individual, partnership, unincorporated association or company for rents, or royalties.
No mortgage, deed of trust, sale, hypothecation or conveyance executed since the first day of May, 1888, shall defeat or take precedence over such lien. The lien secured by this section to parties furnishing supplies, shall be subordinate to that allowed to clerks, mechanics, foremen, superintendents, and laborers for services furnished as aforesaid.
If any person entitled to a lien as well under § 43-3 as under this section, shall perfect his lien given by either section, he shall not be entitled to the benefit of the other.
No right to or remedy upon a lien which has already accrued to any person shall be extended, abridged or otherwise affected hereby.
Code 1919, § 6438; 1922, p. 13; 1932, p. 596; 1938, p. 17; 2010, c. 343.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 2 - Liens on Franchises and Property of Transportation, Etc., Companies › § 43-25. Perfection and enforcement of lien

No person shall be entitled to the lien given by § 43-24 unless he shall, within ninety days after the last item of his bill becomes due and payable for which such supplies are furnished or service rendered, file in the clerk's office of the circuit court of the county or circuit court of the city in which is located the chief office in this Commonwealth of the company against which the claim is, or in the clerk's office of the Circuit Court of the City of Richmond when such office is in the city, or within that time shall file with the receiver, trustee or assignee of such company, a memorandum of the amount and consideration of his claim, and the time or times when the same is, or will become due and payable, verified by affidavit, which memorandum, if filed with the clerk or in his office, the clerk shall forthwith record in the miscellaneous lien book and index the same in the name of the claimant and also in the name of the company against which the claim is, as required by § 43-4. Any such lien may be enforced in a court of equity.
Code 1919, § 6439; 1928, p. 760.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 2 - Liens on Franchises and Property of Transportation, Etc., Companies › § 43-26. Assignee's rights

Any assignee of such a claim as is mentioned in the preceding sections may file the memorandum and make the oath required by such sections, and shall have the same rights as his assignor.
Code 1919, § 6440.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 3 - Liens for Advances › § 43-27.1. When clerk may destroy crop lien agreement and crop lien book

Any agreement evidencing a lien on crops required by § 43-27 to be docketed in a clerk's office may be destroyed by such clerk after twenty-four months from the date the same is docketed in his office. Any "Crop Lien Book," together with the index thereto, required by § 43-27 to be kept in a clerk's office, may be destroyed by such clerk after twenty-four months from the date the last entry has been made therein, provided the same is replaced with a similar book and index for the recordation of current liens.
1962, c. 109.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 3 - Liens for Advances › § 43-30. Lien of landlord and other recorded liens not affected by lien given under § 43-27; nor is right to claim exemption

The lien provided for in § 43-27 shall not affect in any manner the rights of the landlord to his proper share of rents, or his lien for rent or advances, or his right of distress or attachment for the same, nor any lien existing at the time of making the agreement mentioned in such section, which is required by law to be recorded and shall have been admitted to record. Nor shall it affect the right of the party to whom the advances have been made, to claim such part of his crops as is exempt from levy or distress for rent.
Code 1919, § 6455.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 4 - Liens of Innkeepers, Livery Stable, Garage and Marina Keepers, Mechanics and Bailees › § 43-31. Lien of innkeepers, etc.

Every innkeeper and the keeper of a boardinghouse or house of private entertainment shall have a lien upon, and may retain possession of, the baggage and other property of his guest or boarder brought upon his premises, and also upon the property of the employer of such guest or boarder, controlled and brought upon the premises by such guest or boarder in the course of his employment, for the proper charges due from such guest for his board and lodging.
Code 1919, § 6444.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 4 - Liens of Innkeepers, Livery Stable, Garage and Marina Keepers, Mechanics and Bailees › § 43-32. Lien of keeper of livery stable, marina, etc.

A. Every keeper of a livery stable, hangar, tie-down, or marina, and every person pasturing or keeping any horses or other animals, boats, aircraft, or harness, shall have a lien upon such horses and other animals, boats, aircraft, and harness, for the amount that may be due him for the towing, storage, recovery, keeping, supporting, and care thereof, until such amount is paid.
B. In the case of any boat or aircraft subject to a chattel mortgage, security agreement, deed of trust, or other instrument securing money, the keeper of the marina, hangar, or tie-down shall have a lien thereon for his reasonable charges for storage under this section not to exceed $500 and for alteration and repair under § 43-33 not to exceed $1,000. However, in the case of a storage lien, to obtain the priority for an amount in excess of $300, the person asserting the lien shall make a reasonable attempt to notify any secured party of record at the Department of Wildlife Resources by telephonic means and shall give written notice by certified mail, return receipt requested, to any secured party of record at the Department of Wildlife Resources within seven business days of taking possession of the boat or aircraft. If the secured party does not, within seven business days of receipt of the notice, take or refuse redelivery to it or its designee, the lienor shall be entitled to priority for the full amount of storage charges, not to exceed $500. Notwithstanding a redelivery, the watercraft shall be subject to subsection D.
C. In addition, any person furnishing services involving the towing and recovery of a boat or aircraft shall have a lien for all normal costs incident thereto, if the person asserting the lien gives written notice within seven days of receipt of the boat or aircraft by certified mail, return receipt requested, to all secured parties of record at the Department of Wildlife Resources.
D. In addition, any keeper shall be entitled to a lien against any proceeds remaining after the satisfaction of all prior security interests or liens and may retain possession of such property until such charges are paid.
Code 1919, § 6445; 1968, c. 320; 1970, c. 56; 1976, c. 77; 1977, c. 382; 1981, c. 453; 1984, c. 396; 1988, c. 120; 1990, c. 665; 1992, c. 403; 1999, c. 533; 2004, c. 215; 2005, c. 98; 2006, cc. 874, 891; 2009, c. 664; 2016, c. 397; 2020, c. 958.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 4 - Liens of Innkeepers, Livery Stable, Garage and Marina Keepers, Mechanics and Bailees › § 43-33. Lien of mechanic for repairs

Every mechanic who shall alter or repair any article of personal property at the request of the owner of such property shall have a lien thereon for his just and reasonable charges therefor and may retain possession of such property until such charges are paid.
And every mechanic who shall make necessary alterations or repairs on any article of personal property which from its character requires the making of ordinary repairs thereto as a reasonable incident to its reasonable and customary use, at the request of any person legally in possession thereof under a reservation of title contract, chattel mortgage, deed of trust, or other instrument securing money, the person so in possession having authority to use such property, shall have a lien thereon for his just and reasonable charges therefor to the extent of $1,000. In addition, such mechanic shall be entitled to a lien against the proceeds, if any, remaining after the satisfaction of all prior security interests or liens and may retain possession of such property until such charges are paid. In any action to enforce the lien hereby given all persons having an interest in the property sought to be subjected shall be made parties defendant.
If the owner of the property held by the mechanic shall desire to obtain possession thereof, he shall make the mechanic defendant in proceeding in the county or municipal court to recover the property.
The owner may give a bond payable to the court, in a penalty of the amount equal to the lien claimed by the mechanic and court costs, with security to be approved by the clerk, and conditioned for the performance of the final judgment of the court on the trial of the proceeding, and with a further condition to the effect that, if upon the hearing, the judgment of the court be that the lien of the mechanic on such property, or any part thereof, be enforced, judgment may thereupon be entered against the obligors on such bond for the amount due the mechanic and court costs, if assessed against the owner, without further or other proceedings against them thereon. Upon giving of the bond, the property shall be delivered to the owner.
Code 1919, § 6443; 1924, p. 638; 1956, c. 558; 1966, c. 458; 1968, c. 395; 1973, c. 492; 1974, c. 166; 1980, c. 598; 1984, c. 396; 1999, c. 533; 2005, c. 280; 2016, c. 397.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 4 - Liens of Innkeepers, Livery Stable, Garage and Marina Keepers, Mechanics and Bailees › § 43-34.1. Lien of keeper of hangar or tie-down on aircraft subject to a chattel mortgage

In the case of any aircraft subject to a chattel mortgage, security agreement, deed of trust or other instrument securing money, the keeper of the hangar or tie-down shall have a lien thereon for his usual and reasonable charges for storage, alteration or repair from the time such lien is perfected as provided herein. Such lien is nonpossessory and shall be deemed a conveyance. To perfect such lien, the following shall be required:
1. The claim of lien shall be signed, under oath, by the claimant, his agent or attorney;
2. The claim of lien shall also be filed within 120 days after completion of alterations or repair or accrual of storage charges, as personal property security interests or liens are recorded, with the State Corporation Commission in accordance with the applicable provisions of Part 5 (§ 8.9A-501 et seq.) of Title 8.9A; and
3. The claim of lien shall also be filed within such 120-day period with the Aircraft Registration Branch of the Federal Aviation Administration.
1993, c. 854.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 4 - Liens of Innkeepers, Livery Stable, Garage and Marina Keepers, Mechanics and Bailees › § 43-35. How and when validity of lien, or claim of other person to property, is tried

Any person may file his petition, at any time before the property is sold or the proceeds of sale are paid to the plaintiff under the judgment of the court, disputing the validity of the plaintiff's lien thereon, or stating a claim thereto, or an interest in or lien on the same, and its nature; and the court shall inquire into such claim, and if it be found that the petitioner has title to, or a lien on, or any interest in, such property or proceeds of sale, the court shall make such order as is necessary to protect his rights.
Code 1919, § 6450; 2005, c. 839.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 4 - Liens of Innkeepers, Livery Stable, Garage and Marina Keepers, Mechanics and Bailees › § 43-36. Appeals, how taken and tried

Any party may appeal from the judgment of the general district court, as in case of warrants for small claims under Chapter 6 (§ 16.1-76 et seq.) of Title 16.1, and such appeal shall be heard and determined in like manner, as appeals under such chapter.
Code 1919, § 6451; 2005, c. 839.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 4 - Liens of Innkeepers, Livery Stable, Garage and Marina Keepers, Mechanics and Bailees › § 43-37. Sale of baggage and other personal property held pursuant to § 43-31 or unclaimed

Whenever any baggage or other personal property is being held by a hotel pursuant to the lien granted by § 43-31, or where such baggage or other personal property has been voluntarily checked with a hotel, such baggage and other personal property may be sold at public auction for cash after it has been so held or checked and has remained unclaimed for more than sixty days, provided that before such sale is held written notice of such sale stating the date and place thereof and a brief description of such baggage or other personal property and the name of the owner thereof, if known, and the amount of the charges, if any, against the same, is sent by registered mail to such owner, if known, at his last known address, if known, at least ten days prior to such sale, and provided that such notice is publicly posted in the lobby of such hotel at least ten days prior to such sale.
1940, p. 269; Michie Code 1942, § 6451b.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 4 - Liens of Innkeepers, Livery Stable, Garage and Marina Keepers, Mechanics and Bailees › § 43-38. Withdrawal from such sale upon payment of charges, interest and expenses

Such baggage or other personal property shall be withdrawn from sale and released to the owner thereof upon payment to such hotel, at any time prior to such sale, of the debt or charges, if any, against the same, with legal interest thereon and the expenses incurred in preparation for such sale prior to such payment.
1940, p. 270; Michie Code 1942, § 6451c.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 4 - Liens of Innkeepers, Livery Stable, Garage and Marina Keepers, Mechanics and Bailees › § 43-39. Distribution of proceeds of sale

The proceeds of sale shall be applied to the expenses of such sale, including the expense of notices, and to the satisfaction of the debt or charges, if any, with legal interest against such baggage or other personal property. The surplus, if any, shall be paid by the hotel to the owner of such baggage or other personal property, upon written application filed with such hotel by the owner within thirty days after such sale. If no such application is so filed, then such hotel shall pay over such surplus to the State Treasurer, who shall credit the same to the Literary Fund. Compliance by a hotel with the provisions of this and the two preceding sections (§§ 43-37, 43-38) shall be a complete bar and defense to any claim that may thereafter be made by anyone against such hotel on account of such baggage or other personal property.
1940, p. 270; Michie Code 1942, § 6451d.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 4 - Liens of Innkeepers, Livery Stable, Garage and Marina Keepers, Mechanics and Bailees › § 43-40. Subsequent payment of surplus proceeds to persons entitled thereto

At any time within ten years after the payment into the state treasury of the surplus proceeds of any such sale as provided in the preceding section (§ 43-39), the former owner or owners of the property so sold, upon evidence of such ownership satisfactory to the Comptroller, shall be paid the principal amount of such surplus proceeds so paid into the state treasury out of any moneys held in reserve on the books of the Department of Accounts for the benefit of the Literary Fund upon warrant of the Comptroller. If any such claim be disallowed in whole or in part by the Comptroller, it may be recovered in the manner and subject to the conditions and limitations provided in §§ 8.01-192 through 8.01-195 and 8.01-255 for recovering claims against the Commonwealth.
1940, p. 270; Michie Code 1942, § 6451e.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 5 - Liens on Offspring of Certain Animals › § 43-41. Lien on offspring of stallion or jackass

When the owner of a mare or jennet breeds the same to any stallion or jackass whereby such mare or jennet shall become in foal and is delivered of a live colt, the owner of any such stallion or jackass shall have a lien upon the colt for a period of twelve months, or until the price agreed upon for the season or service by the owner of the stallion or jackass and the owner of the mare or jennet be paid. Such lien shall not extend for a longer period than twelve months, and after judgment has been taken for the amount of such fee, then, unless the same is paid, the officer in whose hands the fieri facias is placed for collection may proceed to levy on and sell such colt for the aforesaid fieri facias and costs, and he shall be entitled to the same fees for his services as is provided for by the existing law.
Code 1919, § 6446; Tax Code, § 439.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 5 - Liens on Offspring of Certain Animals › § 43-42. Recordation of lien given by preceding section

The lien given by the preceding section (§ 43-41), if reduced to writing, shall be recorded in the miscellaneous lien book and shall be operative from the recordation thereof and if the lien is not reduced to writing, it shall, upon application of the owner of the stallion or jackass, be recorded by the clerk of the circuit court of the county in which the foal is foaled in such book in the following form:
......................(giving the name of the owner of the stallion or jackass)
versus.................(giving the name of the owner of the colt). The owner
of the stallion or jackass claims a lien on a colt less than twelve months
old for $..........., for the get thereof.
Code 1919, § 6446; 1994, c. 432.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 5 - Liens on Offspring of Certain Animals › § 43-43. Lien on offspring of bull

A person owning a bull in this Commonwealth shall have a lien on the get of such bull for the period of six months from the date of the birth of such get, for the price agreed upon between him and the owner of any cow served by such bull; however, this lien shall not hold good as against an innocent purchaser for value and without notice, except when the lien has been admitted to record, which may be done in the following form:
..................… (giving the name of the owner of the bull) versus…
(giving the name of the owner of the calf). The owner of the bull claims a
lien on a calf less than six months old for $................, for the get
thereof.
It shall be the duty of the clerk of the county in which the calf is calved
to place the same on record in the miscellaneous lien book.
Code 1919, § 6447; Tax Code, § 439; 1994, c. 432.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 7 - Miscellaneous Liens › § 43-62. Lien for farm products consigned to commission merchant

Whenever any farm products shall have been consigned to any commission merchant for sale, and he shall have made sale thereof and become insolvent or die before paying over the proceeds of the sale thereof to, or on account of, the consignor or owner of the farm products, the claim of such consignor or owner, when legally proved, shall be a lien on the estate of the commission merchant subject only to such liens as were created on the estate and recorded prior to his insolvency or death.
The benefit of this section shall not accrue to any consignor or owner who, without requesting payment, shall allow such proceeds to remain with such commission merchant at interest, nor to any consignor or owner who, without requesting payment, shall allow such proceeds to remain in the hands of such commission merchant more than 30 days after becoming informed of such sale.
Jurisdiction is hereby given to circuit courts to enforce the provisions of this section.
Code 1919, § 6448; 2005, c. 681.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 7 - Miscellaneous Liens › § 43-63. Lien for cleaning, laundering, dyeing, pressing or storing clothing, rugs and other fabrics

Every person, firm, association and corporation engaged in the business of cleaning, laundering, dyeing and pressing or storing clothing, carpets, rugs and other fabrics shall have a lien upon such clothing, carpets, rugs or other fabrics for the amount which may be due for the cleaning, dyeing, pressing or storage thereof, and may retain such clothing, carpets, rugs or other fabrics until such amount is paid.
If the debt for which a lien is given under this section be not paid within ninety days after it is due, the property subject to such lien, or so much thereof as may be necessary to satisfy such lien, may be sold by the person, firm, association or corporation holding such lien at public auction for cash, and the proceeds of such sale applied to the expenses thereof, and to pay the debt, and the surplus, if any, shall be paid to the owner of such property. Before making such sale the person, firm or corporation holding such lien shall give ten days' written notice thereof by registered mail sent to the last known post-office address of such owner, and, in addition thereto, shall advertise the time and place thereof in such manner as to give it reasonable publicity; provided that if the owner at the time of leaving such property to be cleaned, laundered, dyed, pressed or stored is given a ticket or other receipt therefor which bears on its face in type not smaller than eight point the words, "The property evidenced hereby may be sold if unclaimed after one hundred and eighty days except in the case of stored property which shall not be subject to sale until such property is unclaimed for two hundred forty days," then notice of sale by mail and other advertisement shall not be required. A copy of this section shall be prominently displayed in the place of business in which any such property is left by the owner.
1938, p. 613; Michie Code 1942, § 6451a; 1964, c. 272; 1973, c. 317.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 8 - Miscellaneous Provisions › § 43-64. How notices served, acts done, etc., in case of bankruptcy, death or absconding

Whenever any act is required to be done by, or notice is to be given to, a person mentioned in any section of this title, or of Chapter 17 (§ 8.01-426 et seq.) of Title 8.01, if such person become bankrupt, the act may be done by, or the notice given to, either the bankrupt or his trustee; or if such person die, the act may be done by, or the notice given to, his personal representative; or if he abscond, the notice may be given to any person over the age of sixteen years found at his last known place of business or residence, or if no such person be found there, by posting the same at the front door of such place of business or residence, or at some other conspicuous part of the building, or he may be proceeded against by order of publication as a nonresident of the Commonwealth.
Code 1919, § 6442; 1944, p. 338.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 8 - Miscellaneous Provisions › § 43-65. Protection of assignees, transferees or endorsees of debts secured by mechanics' or crop liens

Whenever any debt secured on real estate or personal property by a mechanics' or crop lien has been assigned, transferred, or endorsed to another, in whole or in part by the original payee thereof, such payee, assignee, transferee, or endorsee may cause a memorandum or statement of the assignment to such assignee, transferee, or endorsee to be recorded, which memorandum or statement shall be signed by the assignor, transferrer, or endorser, or his duly authorized agent or attorney, and when so signed and the signature thereto attested by the clerk in whose office such encumbrance is recorded the same shall operate as a notice of such assignment and transfer. Such assignment, transfer, or endorsement shall reference the book and page where the original debt secured on real estate or personal property is recorded. And where such transfer by the payee is so entered in the proper book, subsequent transfers may likewise be entered in the same manner and with like effect. Provided, however, this section shall not apply to conditional sales contracts of personal property.
Code 1919, § 6457; 1932, p. 548; 1934, p. 249; 2014, c. 330.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 8 - Miscellaneous Provisions › § 43-66. Purchaser not affected by liens of Mutual Assurance Society against Fire

The lien of the Mutual Assurance Society against Fire on buildings in the Commonwealth of Virginia upon property insured therein for quotas assessed against the policies of such property owners shall not be valid against purchasers of such property for valuable consideration without notice of the existence of such insurance, except from the time the Society shall have complied with the provisions of this section. The Society shall have prepared and kept in the clerk's office of the Circuit Court of the City of Richmond, and of the circuit court of each county and the circuit court of each city in which the Society insures property, a book to be called the "Mutual Assurance Society's Lien Book." Such book when left with the clerk shall become a public record and shall be kept open to the inspection of the public. The Society shall have entered in such book a brief description of the property insured by it upon which it claims a lien, the date and amount of the policy and the name of the parties to whom the policy was issued, and the date of the entry shall be made in such book.
Code 1919, § 6458.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 9 - Release of Liens › § 43-67. Release of mechanic's lien upon payment or satisfaction

When payment or satisfaction has been made of a debt secured by a mechanic's lien it shall be released in the manner provided in §§ 55.1-339 and 55.1-341, insofar as appropriate.
Code 1919, § 6456; 1926, p. 80; 1930, p. 69; 1932, p. 120; 1944, p. 198.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 9 - Release of Liens › § 43-68. Releases made by court

Any person who owns or has any interest in real estate or personal property on which such lien exists may, after twenty days' notice thereof to the person entitled to such lien, apply to the circuit or corporation court of the county or corporation in whose clerk's office such encumbrance is recorded, or to the Circuit Court of the City of Richmond, if it be in the clerk's office of such court, to have the same released or discharged; and upon proof that it has been paid or discharged, or upon its appearing to the court that more than twenty years have elapsed since the maturity of the lien, raising a presumption of payment, and which is not rebutted at the hearing, or upon proof that no suit, as defined by § 43-17, has been brought to enforce the same within the time prescribed by such section; such court shall order the same to be recorded by the clerk. Such release shall reference the book and page where the original lien securing such interest in real estate or personal property is recorded.
All releases made prior to June 24, 1944, by any court under this section upon such presumption of payment so arising and not rebutted, shall be validated.
Code 1919, § 6456; 1926, p. 81; 1930, p. 70; 1932, p. 121; 1944, p. 199; 2014, c. 330.
2023 Code of Virginia › Title 43 - Mechanics' and Certain Other Liens › Chapter 9 - Release of Liens › § 43-70. Release of mechanic's lien upon payment into court or filing of bond after suit brought

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