2.2-2816 - Liability of salary of officer for debt he owes Commonwealth; how enforced; when officer's right to file petition barred.
§ 2.2-2816. Liability of salary of officer for debt he owes Commonwealth; howenforced; when officer's right to file petition barred.
A. Whenever any officer, other than one whose office is created by theConstitution of Virginia, is indebted to the Commonwealth for money collectedby him or improperly drawn by him or upon his order from the state treasuryduring his term of office and, after payment of such indebtedness is demandedby the Comptroller, such officer continues in default, the Comptroller shallnot issue his warrant for, nor shall the State Treasurer pay, any part of thesalary due, or to become due, to such officer until he has made good hisdefault. He may, however, file his petition in the Circuit Court of the Cityof Richmond against the Comptroller, asserting his claim to his salary, andasking for payment thereof. The Comptroller shall answer the petition, andthe proceedings shall be held according to the provisions of Article 18 (§8.01-192 et seq.) of Chapter 3 of Title 8.01 and § 8.01-255. If it is foundthat the petitioner is indebted, the Commonwealth shall be credited on hissalary then due with the amount of such indebtedness and if, after suchcredit is given, there is a balance in his favor, judgment shall be renderedon his behalf. If the indebtedness exceeds his salary then due, judgment forthe excess shall be rendered against him and the amount thereof, unlesssooner paid, shall be credited to the Commonwealth on his salary thereafterbecoming due. The Comptroller shall issue his warrant on the State Treasurerfor the payment of any judgment rendered on behalf of the petitioner. In theproceeding by petition the Attorney General shall represent the Commonwealth,unless he is interested, in which case the Comptroller shall employ othercounsel to represent the Commonwealth.
B. If the officer fails to file a petition under this section within twelvemonths after payment of any installment of his salary is withheld, his rightto file the petition shall be barred. In such case the Comptroller shallcredit the Commonwealth on the officer's salary with the amount of hisindebtedness, and make that fact appear on the books of his office.
(Code 1950, §§ 14-3, 14-4; 1964, cc. 386, §§ 14.1-3, 14.1-4; 1998, c. 872, §2.1-20.7; 2001, c. 844.)