{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/43-71.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/43-71.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/43-71.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/43-71.html"}],"law_id":363713,"edition_id":2,"section_id":363713,"structure_id":51897,"section_number":"43-71","catch_line":"Release of mechanic’s lien upon payment into court or filing bond before suit","history":"1936, p. 493; Michie Code 1942, \u00a7 6437b; 1962, c. 166; 1976, c. 390; 1992, c. 532.","full_text":"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’ 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 \u00a7 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.\n\nSuch 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.\n\nThe 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.\n\n","order_by":null,"text":{"0":{"id":1354995,"text":"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’ 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 \u00a7 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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1354996,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"2":{"id":1354997,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":51897,"edition_id":2,"name":"Release of Liens","identifier":"9","label":"chapter","depth":2,"order_by":4,"parent_id":51888,"metadata":{"child_laws":5,"child_structures":0},"date_created":"2026-08-02 02:50:48","date_modified":"2026-08-02 12:33:28","permalink":{"id":1448529,"object_type":"structure","relational_id":51897,"identifier":"9","token":"43\/9","url":"\/43\/9\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51888,"edition_id":2,"name":"Mechanics' and Certain Other Liens","identifier":"43","label":"title","depth":1,"order_by":95,"parent_id":null,"metadata":{"child_laws":66,"child_structures":9},"date_created":"2026-08-02 02:50:42","date_modified":"2026-08-02 12:33:27","permalink":{"id":1448267,"object_type":"structure","relational_id":51888,"identifier":"43","token":"43","url":"\/43\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":363708,"structure_id":51897,"section_number":"43-67","catch_line":"Release of mechanic's lien upon payment or satisfaction","url":"\/43-67\/","token":"43\/9\/43-67","metadata":false},{"id":363709,"structure_id":51897,"section_number":"43-68","catch_line":"Releases made by court","url":"\/43-68\/","token":"43\/9\/43-68","metadata":false},{"id":363710,"structure_id":51897,"section_number":"43-69","catch_line":"Repealed","url":"\/43-69\/","token":"43\/9\/43-69","metadata":false},{"id":363712,"structure_id":51897,"section_number":"43-70","catch_line":"Release of mechanic's lien upon payment into court or filing of bond after suit brought","url":"\/43-70\/","token":"43\/9\/43-70","metadata":false},{"id":363713,"structure_id":51897,"section_number":"43-71","catch_line":"Release of mechanic's lien upon payment into court or filing bond before suit","url":"\/43-71\/","token":"43\/9\/43-71","metadata":false}],"previous_section":{"id":363712,"structure_id":51897,"section_number":"43-70","catch_line":"Release of mechanic's lien upon payment into court or filing of bond after suit brought","url":"\/43-70\/","token":"43\/9\/43-70","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/43-71\/","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 1962, chapter 166; in 1976, chapter 390; in 1992, chapter 532.<\/p>","references":false,"refers_to":[{"id":363712,"section_number":"43-70","catch_line":"Release of mechanic's lien upon payment into court or filing of bond after suit brought","order_by":null,"url":"\/43-70\/"}],"permalink":{"id":1448547,"object_type":"law","relational_id":363713,"identifier":"43-71","token":"43\/9\/43-71","url":"\/43-71\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/43-71\/","token":"43\/9\/43-71","dublin_core":{"Title":"Release of mechanic’s lien upon payment into court or filing bond before suit","Type":"Text","Format":"text\/html","Identifier":"\u00a7 43-71","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

At any time after the perfecting of any such lien<\/span> 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’ notice to the lienor, apply to the court<\/span> having jurisdiction<\/span> of a suit for the enforcement of such lien<\/span>, or to the judge<\/span> thereof in vacation, for permission to make such payment into court<\/span>, or to file such bond<\/span>, as prescribed in \u00a7 43-70<\/a>, which permission, in either such event, shall be granted by such court<\/span>, or judge<\/span>, unless good cause be shown against the same by some party in interest<\/span>. Upon the granting of such permission, and the payment of such money into court<\/span>, or the filing of such bond<\/span>, as the case may be, the property affected thereby shall stand released from such lien<\/span>.<\/p>

Such money, or bond<\/span>, as the case may be, shall be held under the control of the court<\/span> and shall be subject to the final judgment<\/span> of the court<\/span> adjudicating the lien<\/span> or liens<\/span> 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.<\/p>

The sureties on any such bond<\/span>, 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.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRELEASE OF MECHANIC’S LIEN UPON PAYMENT INTO COURT OR FILING BOND BEFORE\nSUIT (\u00a7 43-71)\n\nAt any time after the perfecting of any such lien and before a suit be brought\nfor the enforcement thereof, the owner of the property affected thereby, the\ngeneral contractor or other parties in interest may, after five days’\nnotice to the lienor, apply to the court having jurisdiction of a suit for the\nenforcement of such lien, or to the judge thereof in vacation, for permission to\nmake such payment into court, or to file such bond, as prescribed in \u00a7 43-70,\nwhich permission, in either such event, shall be granted by such court, or\njudge, unless good cause be shown against the same by some party in interest.\nUpon the granting of such permission, and the payment of such money into court,\nor the filing of such bond, as the case may be, the property affected thereby\nshall stand released from such lien.\n\nSuch money, or bond, as the case may be, shall be held under the control of the\ncourt and shall be subject to the final judgment of the court adjudicating the\nlien or liens to be valid and determining the amount for which the same would\nhave been enforceable against the real estate in any suit or action thereafter\nbrought for the ascertainment of the rights of the parties in interest, with\nrespect hereto, or, shall be paid out and disposed of as the parties in interest\nmay direct, in the event the matters in controversy with respect thereto be\nsettled and adjusted between the parties without suit or action.\n\nThe sureties on any such bond, which may be involved in any suit or action\nbrought under the provisions of this section, shall be made parties to such suit\nor action.\n\nHISTORY: 1936, p. 493; Michie Code 1942, \u00a7 6437b; 1962, c. 166; 1976, c. 390;\n1992, c. 532.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}