15.2-1622 - Judgment against officer for money due from him.
§ 15.2-1622. Judgment against officer for money due from him.
If any officer or his deputy makes a return upon any order, warrant orprocess by which it appears that he has received any sum of money by virtueof such order, warrant or process or, having received any sum of money byvirtue of any warrant, order or process, he fails to make proper returnthereof, the person entitled to such sum of money may, by motion to the courtto which, or to the clerk's office of which, such order, warrant or processwas returnable, recover against such officer and his sureties and against hisand their personal representatives the amount so received, with interestthereon at the annual rate of fifteen percent from the time such order,warrant or process was returnable till payment; and, upon such motion, thefact that such order, warrant or process has not been returned, as hereinrequired, shall be prima facie proof that the whole amount required therebyto be made, principal, interest and costs, has been collected. When suchcollection or return is made by a deputy, there may also be a like motion andjudgment against such deputy and his sureties and against his and theirpersonal representatives.
(Code 1950, § 15-520; 1962, c. 623, § 15.1-85; 1997, c. 587.)