Va. Code » Title 58.1. Taxation » Subtitle I. Taxes Administered by the Department of Taxation » Chapter 17. Miscellaneous Taxes » Article 6. Taxes on Suits and Other Judicial Proceedings
Virginia Code

Va. Code Ann. § 58.1-1729 (2026)

Payment prerequisite to issue of writ, etc.; effect of failure to collect

✓ current as of May 2026
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No clerk shall issue any writ, or docket any removed or appealed warrant, or any notice mentioned in this article until the tax imposed under this article has been paid; however, his failure to collect the tax shall not invalidate the proceeding.

Code 1950, §§ 58-76, 58.1-3811; 1964, c. 290; 1984, c. 675; 1985, c. 221.

Notes of Decisions
Cited in 4 cases, 1999–2010 · leading case: Sours v. Virginia Bd. for Architects, 516 S.E.2d 712 (Va. Ct. App. 1999).
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Sours v. Virginia Bd. for Architects, 516 S.E.2d 712 (Va. Ct. App. 1999). · cites it 16× “Like Rule 2:2, Code § 58.1-1729 provides that "[n]o clerk shall issue a writ, or docket any removed or appealed warrant, or any notice mentioned in this article until the tax imposed under this article has been paid," but it also provides that "[the clerk's] failure to collect…”
Lahey v. Johnson, 89 Va. Cir. 448 (Augusta Cir. Ct. 2010). · cites it 10× “Va Code § 58.1-1729 provides: No clerk shall issue any writ, or docket any removed or appealed warrant, or any notice mentioned in this article until the tax imposed under this article 3 has been paid; however, his failure to collect the tax shall not invalidate the proceeding.”
Burkholder v. McGraw, 63 Va. Cir. 537 (Roanoke County Cir. Ct. 2003). · cites it 2× “No paper shall be refused for failure to comply with the provisions of this Rule, but the clerk may require that the paper be redone in compliance with this Rule and substituted for the paper initially filed.”
Burton O. Sours, Jr., etc v. Va Bd for Architects e (Va. Ct. App. 1999). · cites it 8× “Like Rule 2:2, Code § 58.1-1729 provides that “[n]o clerk shall issue a writ, or docket any removed or appealed warrant, or any notice mentioned in this article until the tax imposed under this article has been paid,” but it also provides that “[the clerk’s] failure to collect…”
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