8.01-269 - Dismissal or satisfaction of same.
§ 8.01-269. Dismissal or satisfaction of same.
If such attachment or lis pendens is quashed or dismissed or such cause isdismissed, or judgment or final decree in such attachment or cause is for thedefendant or defendants, the court shall direct in its order (i) that thenames of all interested parties thereto, as found in the recorded attachmentor lis pendens be listed for the clerk, and (ii) that the attachment or lispendens be released and, the court may, in an appropriate case, imposesanctions as provided in § 8.01-271.1. It shall then become the duty of theclerk in whose office such attachment or lis pendens is recorded, to recordthe order and, unless a microfilm recording process is used, to enter on themargin of the page of the book in which the same is recorded, such fact,together with a reference to the order book and page where such order isrecorded. However, in any case in which an appeal or writ of error from suchjudgment or decree or dismissal would lie, the clerk shall not record theorder or make the entry until after the expiration of the time in which suchappeal or writ of error may be applied for, or if applied for after refusalthereof, or if granted, after final judgment or decree is entered by theappellate court.
In any case in which the debt for which such attachment is issued, or suit isbrought and notice of lis pendens recorded is satisfied by payment, it shallbe the duty of the creditor, within ten days after payment of same to marksuch notice of lis pendens or attachment satisfied on the margin of the pageof the deed book in which the same is recorded, unless a microfilm recordingprocess is used.
(Code 1950, § 8-143; 1962, c. 589; 1977, c. 617; 1985, c. 310; 1986, c. 278;1989, c. 450.)