58.1-3172 - Lien of judgment and execution in such proceeding. - Virginia Statutes

§ 58.1-3172. Lien of judgment and execution in such proceeding.

A judgment obtained pursuant to § 58.1-3171, against the treasurer or againstthe treasurer and his sureties, jointly or severally, shall be a lien on allreal estate owned by such treasurer or surety in any county or city of theCommonwealth. Such lien shall arise at the time the motion provided for in §58.1-3171 is recorded and indexed in such county or city. An execution onsuch judgment shall bind all the personal estate of such treasurer andsureties, jointly and severally, respectively, at the time such motion isrecorded and indexed before the return day of such execution. However suchexecution shall not be binding as against (i) an assignee for valuableconsideration of any of such personal estate which is not capable of beinglevied on under an execution or (ii) a person making a payment to suchtreasurer. The lien of the execution by virtue of this section shall notaffect such assignee or person making payment unless he had notice of theexecution or of the pendency of the proceeding at the time of the assignmentor payment, as the case may be.

(Code 1950, § 58-977; 1984, c. 675.)