<?xml version="1.0"?>
<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>363713</law_id><section_number>43-71</section_number><catch_line>Release of mechanic&amp;#8217;s lien upon payment into court or filing bond before suit</catch_line><edition url="https://vacode.org/2026/" slug="2026" current="TRUE" last_updated="2026-08-02">2026</edition><structure><unit label="title" level="1" order_by="95" identifier="43">Mechanics' and Certain Other Liens</unit><unit label="chapter" level="2" order_by="4" identifier="9">Release of Liens</unit></structure><text>
						<section><p>At any time after the perfecting of any such <span class="dictionary">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&#x2019; notice to the lienor, apply to the <span class="dictionary">court</span> having <span class="dictionary">jurisdiction</span> of a suit for the enforcement of such <span class="dictionary">lien</span>, or to the <span class="dictionary">judge</span> thereof in vacation, for permission to make such payment into <span class="dictionary">court</span>, or to file such <span class="dictionary">bond</span>, as prescribed in &#xA7;&#xA0;<a class="law" title="Release of mechanic's lien upon payment into court or filing of bond after suit brought" href="/43-70/">43-70</a>, which permission, in either such event, shall be granted by such <span class="dictionary">court</span>, or <span class="dictionary">judge</span>, unless good cause be shown against the same by some <span class="dictionary">party in interest</span>. Upon the granting of such permission, and the payment of such money into <span class="dictionary">court</span>, or the filing of such <span class="dictionary">bond</span>, as the case may be, the property affected thereby shall stand released from such <span class="dictionary">lien</span>.</p><p>Such money, or <span class="dictionary">bond</span>, as the case may be, shall be held under the control of the <span class="dictionary">court</span> and shall be subject to the final <span class="dictionary">judgment</span> of the <span class="dictionary">court</span> adjudicating the <span class="dictionary">lien</span> or <span class="dictionary">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><p>The sureties on any such <span class="dictionary">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></text><history>1936, p. 493; Michie Code 1942, &#xA7; 6437b; 1962, c. 166; 1976, c. 390; 1992, c. 532.</history><metadata></metadata></law>
