58.1-3140 - Remedy for failure to pay such warrants. - Virginia Statutes

§ 58.1-3140. Remedy for failure to pay such warrants.

If any such treasurer (i) fails to pay, upon presentation, any legal warrantlisted in § 58.1-3131, for which he has at the time funds appropriated by thegoverning body of his jurisdiction out of which such warrant ought to bepaid, or (ii) fails to set apart necessary funds, when such funds areappropriated and come into his hands, for the payment of such warrant or(iii) fails to pay over the amount due upon such warrant as soon thereafteras the same may be again presented, the holder thereof may, on motion in hisown name, in the circuit court of the treasurer's county or city, recoverfrom him and his sureties the amount of such warrant, together with damagesat the rate of ten percent per month on the amount from the time suchtreasurer should have paid the warrant and the costs of such motion,including reasonable attorney's fees.

(Code 1950, § 58-928; 1959, Ex. Sess., c. 51; 1984, c. 675.)