CODE OF VIRGINIA

ENFORCEMENT OF LIENS ACQUIRED UNDER §§ 43-31 THROUGH 43-33 AND OF LIENS OF
BAILEES (§ 43-34)

Any person having a lien under §§ 43-31 through 43-33 and any bailee, except
where otherwise provided, having a lien as such at common law on personal
property in his possession that he has no power to sell for the satisfaction of
the lien, if the debt for which the lien exists is not paid within 10 days after
it is due and the value of the property affected by the lien does not exceed $
10,000, may sell such property or so much thereof as may be necessary, by public
auction, for cash. The proceeds shall be applied to the satisfaction of the debt
and expenses of sale, and the surplus, if any, shall be paid within 30 days of
the sale to any lienholder, and then to the owner of the property. A seller who
fails to remit the surplus as provided shall be liable to the person entitled to
the surplus in an amount equal to $ 50 for each day beyond 30 days that the
failure continues.Before making the sale, the seller shall advertise the time,
place, and terms thereof in a public place. In the case of property other than a
motor vehicle required to be registered in Virginia having a value in excess of
$ 600, 10 days’ prior notice shall be given to any secured party who has
filed a financing statement against the property, and written notice shall be
given to the owner as hereinafter provided.If the value of the property is more
than $ 10,000 but does not exceed $ 25,000, the party having the lien, after
giving notice as herein provided, may apply by petition to any general district
court of the county or city wherein the property is, or, if the value of the
property exceeds $ 25,000, to the circuit court of the county or city, for the
sale of the property. If, on the hearing of the case on the petition, the
defense, if any made thereto, and such evidence as may be adduced by the parties
respectively, the court is satisfied that the debt and lien are established and
the property should be sold to pay the debt, the court shall order the sale to
be made by the sheriff of the county or city. The sheriff shall make the same
and apply and dispose of the proceeds in the same manner as if the sale were
made under a writ of fieri facias.If the owner of the property is a resident of
the Commonwealth, any notice required by this section may be served as provided
in § 8.01-296 or, if the sale is to be made without resort to the courts, by
personal delivery or by certified or registered mail delivered to the present
owner of the property to be sold at his last known address at least 10 days
prior to the date of sale. If the owner of the property is a nonresident or if
his address is unknown, any notice required by this section may be served by
posting a copy thereof in three of any of the following places in any
combination: (i) one or more public places in the county or city where the
property is located; (ii) one or more websites operated by the Commonwealth, the
county or city where the property is located, or a political subdivision of
either; or (iii) one or more newspapers of general circulation in the county or
city where the property is located, either in print or on their websites. For
purposes of this section, “public place” means a premises owned by
the Commonwealth or a political subdivision thereof, or an agency of either,
that is open to the general public.

HISTORY: Code 1919, § 6449; 1960, c. 571; 1968, c. 605; 1971, Ex. Sess., c.
155; 1978, c. 59; 1980, c. 598; 1987, c. 37; 1988, c. 227; 1992, c. 111; 1993,
c. 759; 1998, c. 868; 2002, c. 401; 2004, c. 369; 2006, cc. 874, 891; 2008, c.
171; 2009, c. 664; 2011, cc. 14, 702; 2014, c. 339; 2016, c. 397.