{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-386.10.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-386.10.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-386.10.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-386.10.html"}],"law_id":57102,"edition_id":1,"section_id":57102,"structure_id":14527,"section_number":"19.2-386.10","catch_line":"Forfeiture; default judgment; remission; trial","history":"1989, c. 690; 1991, c. 560; 2016, cc. 203, 423, 664; 2020, c. 1000.","full_text":"A\n\nA party defendant who fails to appear as provided in § 19.2-386.9 shall be in default. The forfeiture shall be deemed established as to the interest of any party in default upon entry of judgment as provided in § 19.2-386.11. Within 21 days after entry of judgment, any party defendant against whom judgment has been so entered may petition the Department of Criminal Justice Services for remission of his interest in the forfeited property. For good cause shown and upon proof by a preponderance of the evidence that the party defendant’s interest in the property is exempt under subdivision 2, 3, or 4 of § 19.2-386.8, the Department of Criminal Justice Services shall grant the petition and direct the state treasury to either (i) remit to the party defendant an amount not exceeding the party defendant’s interest in the proceeds of sale of the forfeited property after deducting expenses incurred and payable pursuant to subsection B of § 19.2-386.12 or (ii) convey clear and absolute title to the forfeited property in extinguishment of such interest.\n\t\t\tIf any party defendant appears in accordance with § 19.2-386.9, the court shall proceed to trial of the case, unless trial by jury is demanded by the Commonwealth or any party defendant. At trial, the Commonwealth has the burden of proving by clear and convincing evidence that the property is subject to forfeiture under this chapter. Upon such a showing by the Commonwealth, the claimant has the burden of proving by a preponderance of the evidence that the claimant’s interest in the property is exempt under subdivision 2, 3, or 4 of § 19.2-386.8.B\n\nThe information and trial thereon shall be independent of any criminal proceeding against any party or other person for violation of law.","order_by":null,"text":{"0":{"id":209103,"text":"A party defendant who fails to appear as provided in § 19.2-386.9 shall be in default. The forfeiture shall be deemed established as to the interest of any party in default upon entry of judgment as provided in § 19.2-386.11. Within 21 days after entry of judgment, any party defendant against whom judgment has been so entered may petition the Department of Criminal Justice Services for remission of his interest in the forfeited property. For good cause shown and upon proof by a preponderance of the evidence that the party defendant’s interest in the property is exempt under subdivision 2, 3, or 4 of § 19.2-386.8, the Department of Criminal Justice Services shall grant the petition and direct the state treasury to either (i) remit to the party defendant an amount not exceeding the party defendant’s interest in the proceeds of sale of the forfeited property after deducting expenses incurred and payable pursuant to subsection B of § 19.2-386.12 or (ii) convey clear and absolute title to the forfeited property in extinguishment of such interest.\n\t\t\tIf any party defendant appears in accordance with § 19.2-386.9, the court shall proceed to trial of the case, unless trial by jury is demanded by the Commonwealth or any party defendant. At trial, the Commonwealth has the burden of proving by clear and convincing evidence that the property is subject to forfeiture under this chapter. Upon such a showing by the Commonwealth, the claimant has the burden of proving by a preponderance of the evidence that the claimant’s interest in the property is exempt under subdivision 2, 3, or 4 of § 19.2-386.8.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":209104,"text":"The information and trial thereon shall be independent of any criminal proceeding against any party or other person for violation of law.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14527,"edition_id":1,"name":"Enforcement of Forfeitures","identifier":"22.1","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:48:31","date_modified":"2026-06-26 03:48:31","permalink":{"id":170253,"object_type":"structure","relational_id":14527,"identifier":"22.1","token":"19.2\/22.1","url":"\/19.2\/22.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68052,"structure_id":14527,"section_number":"19.2-386.1","catch_line":"Commencing an action of forfeiture","url":"\/19.2-386.1\/","token":"19.2\/22.1\/19.2-386.1","metadata":false},{"id":57102,"structure_id":14527,"section_number":"19.2-386.10","catch_line":"Forfeiture; default judgment; remission; trial","url":"\/19.2-386.10\/","token":"19.2\/22.1\/19.2-386.10","metadata":false},{"id":85905,"structure_id":14527,"section_number":"19.2-386.11","catch_line":"Judgment of condemnation; destruction","url":"\/19.2-386.11\/","token":"19.2\/22.1\/19.2-386.11","metadata":false},{"id":77782,"structure_id":14527,"section_number":"19.2-386.12","catch_line":"Sale of forfeited property","url":"\/19.2-386.12\/","token":"19.2\/22.1\/19.2-386.12","metadata":false},{"id":68893,"structure_id":14527,"section_number":"19.2-386.13","catch_line":"Writ of error and supersedeas","url":"\/19.2-386.13\/","token":"19.2\/22.1\/19.2-386.13","metadata":false},{"id":84497,"structure_id":14527,"section_number":"19.2-386.14","catch_line":"Sharing of forfeited assets","url":"\/19.2-386.14\/","token":"19.2\/22.1\/19.2-386.14","metadata":false},{"id":56604,"structure_id":14527,"section_number":"19.2-386.2","catch_line":"Seizure of named property","url":"\/19.2-386.2\/","token":"19.2\/22.1\/19.2-386.2","metadata":false},{"id":68967,"structure_id":14527,"section_number":"19.2-386.2:1","catch_line":"Notice to Commissioner of Department of Motor Vehicles; duties of Commissioner","url":"\/19.2-386.2_1\/","token":"19.2\/22.1\/19.2-386.2_1","metadata":false},{"id":65160,"structure_id":14527,"section_number":"19.2-386.3","catch_line":"Notice of seizure for forfeiture and notice of motion for judgment","url":"\/19.2-386.3\/","token":"19.2\/22.1\/19.2-386.3","metadata":false},{"id":70609,"structure_id":14527,"section_number":"19.2-386.4","catch_line":"Records and handling of seized property","url":"\/19.2-386.4\/","token":"19.2\/22.1\/19.2-386.4","metadata":false},{"id":70554,"structure_id":14527,"section_number":"19.2-386.5","catch_line":"Release of seized property","url":"\/19.2-386.5\/","token":"19.2\/22.1\/19.2-386.5","metadata":false},{"id":81018,"structure_id":14527,"section_number":"19.2-386.6","catch_line":"Bond to secure possession","url":"\/19.2-386.6\/","token":"19.2\/22.1\/19.2-386.6","metadata":false},{"id":79713,"structure_id":14527,"section_number":"19.2-386.7","catch_line":"Sale of property liable to deterioration","url":"\/19.2-386.7\/","token":"19.2\/22.1\/19.2-386.7","metadata":false},{"id":74751,"structure_id":14527,"section_number":"19.2-386.8","catch_line":"Exemptions","url":"\/19.2-386.8\/","token":"19.2\/22.1\/19.2-386.8","metadata":false},{"id":55965,"structure_id":14527,"section_number":"19.2-386.9","catch_line":"Appearance by owner or lien holder","url":"\/19.2-386.9\/","token":"19.2\/22.1\/19.2-386.9","metadata":false}],"previous_section":{"id":68052,"structure_id":14527,"section_number":"19.2-386.1","catch_line":"Commencing an action of forfeiture","url":"\/19.2-386.1\/","token":"19.2\/22.1\/19.2-386.1","metadata":false},"next_section":{"id":85905,"structure_id":14527,"section_number":"19.2-386.11","catch_line":"Judgment of condemnation; destruction","url":"\/19.2-386.11\/","token":"19.2\/22.1\/19.2-386.11","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-386.10\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 690 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1991, chapter 560; in 2016, chapters 203<\/a>, 423<\/a>, and 664<\/a>; in 2020, chapter 1000<\/a>.<\/p>","references":[{"id":85905,"section_number":"19.2-386.11","catch_line":"Judgment of condemnation; destruction","order_by":null,"url":"\/19.2-386.11\/"},{"id":77782,"section_number":"19.2-386.12","catch_line":"Sale of forfeited property","order_by":null,"url":"\/19.2-386.12\/"}],"refers_to":[{"id":85905,"section_number":"19.2-386.11","catch_line":"Judgment of condemnation; destruction","order_by":null,"url":"\/19.2-386.11\/"},{"id":77782,"section_number":"19.2-386.12","catch_line":"Sale of forfeited property","order_by":null,"url":"\/19.2-386.12\/"},{"id":74751,"section_number":"19.2-386.8","catch_line":"Exemptions","order_by":null,"url":"\/19.2-386.8\/"},{"id":55965,"section_number":"19.2-386.9","catch_line":"Appearance by owner or lien holder","order_by":null,"url":"\/19.2-386.9\/"}],"permalink":{"id":170259,"object_type":"law","relational_id":57102,"identifier":"19.2-386.10","token":"19.2\/22.1\/19.2-386.10","url":"\/19.2-386.10\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-386.10\/","token":"19.2\/22.1\/19.2-386.10","dublin_core":{"Title":"Forfeiture; default judgment; remission; trial","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-386.10","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A party<\/span> defendant<\/span> who fails to appear as provided in § 19.2-386.9<\/a> shall be in default<\/span>. The forfeiture shall be deemed established as to the interest of any party<\/span> in default<\/span> upon entry of judgment<\/span> as provided in § 19.2-386.11<\/a>. Within 21 days after entry of judgment<\/span>, any party<\/span> defendant<\/span> against whom judgment<\/span> has been so entered may petition<\/span> the Department of Criminal Justice Services for remission of his interest in the forfeited property. For good cause shown and upon proof by a preponderance of the evidence<\/span> that the party<\/span> defendant<\/span>’s interest in the property is exempt under subdivision 2, 3, or 4 of § 19.2-386.8<\/a>, the Department of Criminal Justice Services shall grant the petition<\/span> and direct the state treasury to either (i) remit to the party<\/span> defendant<\/span> an amount not exceeding the party<\/span> defendant<\/span>’s interest in the proceeds of sale of the forfeited property after deducting expenses incurred and payable pursuant to subsection B of § 19.2-386.12<\/a> or (ii) convey clear and absolute title to the forfeited property in extinguishment of such interest.\n\t\t\tIf any party<\/span> defendant<\/span> appears in accordance with § 19.2-386.9<\/a>, the court<\/span> shall proceed to trial<\/span> of the case, unless trial<\/span> by jury<\/span> is demanded by the Commonwealth or any party<\/span> defendant<\/span>. At trial<\/span>, the Commonwealth has the burden of proving by clear and convincing evidence that the property is subject to forfeiture under this chapter. Upon such a showing by the Commonwealth, the claimant has the burden of proving by a preponderance of the evidence<\/span> that the claimant’s interest in the property is exempt under subdivision 2, 3, or 4 of § 19.2-386.8<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The information and trial<\/span> thereon shall be independent of any criminal proceeding against any party<\/span> or other person for violation of law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFORFEITURE; DEFAULT JUDGMENT; REMISSION; TRIAL (\u00a7 19.2-386.10)\n\nA. A party defendant who fails to appear as provided in § 19.2-386.9 shall\nbe in default. The forfeiture shall be deemed established as to the interest of\nany party in default upon entry of judgment as provided in § 19.2-386.11.\nWithin 21 days after entry of judgment, any party defendant against whom\njudgment has been so entered may petition the Department of Criminal Justice\nServices for remission of his interest in the forfeited property. For good cause\nshown and upon proof by a preponderance of the evidence that the party\ndefendant’s interest in the property is exempt under subdivision 2, 3, or\n4 of § 19.2-386.8, the Department of Criminal Justice Services shall grant\nthe petition and direct the state treasury to either (i) remit to the party\ndefendant an amount not exceeding the party defendant’s interest in the\nproceeds of sale of the forfeited property after deducting expenses incurred and\npayable pursuant to subsection B of § 19.2-386.12 or (ii) convey clear and\nabsolute title to the forfeited property in extinguishment of such interest.\n\t\t\tIf any party defendant appears in accordance with § 19.2-386.9, the\ncourt shall proceed to trial of the case, unless trial by jury is demanded by\nthe Commonwealth or any party defendant. At trial, the Commonwealth has the\nburden of proving by clear and convincing evidence that the property is subject\nto forfeiture under this chapter. Upon such a showing by the Commonwealth, the\nclaimant has the burden of proving by a preponderance of the evidence that the\nclaimant’s interest in the property is exempt under subdivision 2, 3, or 4\nof § 19.2-386.8.\n\nB. The information and trial thereon shall be independent of any criminal\nproceeding against any party or other person for violation of law.\n\nHISTORY: 1989, c. 690; 1991, c. 560; 2016, cc. 203, 423, 664; 2020, c. 1000.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}