{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-386.11.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-386.11.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-386.11.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-386.11.html"}],"law_id":85905,"edition_id":1,"section_id":85905,"structure_id":14527,"section_number":"19.2-386.11","catch_line":"Judgment of condemnation; destruction","history":"1989, c. 690; 1991, c. 560; 1993, c. 484.","full_text":"A\n\nIf the forfeiture is established, the judgment shall be that the property be condemned as forfeited to the Commonwealth subject to any remission granted under subsection A of &#xA7; 19.2-386.10 and further that the same be sold, unless (i) a sale thereof has been already made under &#xA7; 19.2-386.7, (ii) the court determines that the property forfeited is of such minimal value that the sale would not be in the best interest of the Commonwealth or (iii) the court finds that the property may be subject to return to a participating agency. If the court finds that the property may be subject to return to an agency participating in the seizure in accordance with subsection C of &#xA7; 19.2-386.14, the order shall provide for storage of the property until the determination to return it is made or, if return is not made, for sale of the property as provided in this section and &#xA7; 19.2-386.12. If sale has been made, the judgment shall be against the proceeds of sale, subject to the rights of any lien holder whose interest is not forfeited. If the property condemned has been delivered to the claimant under &#xA7; 19.2-386.6, further judgment shall be against the obligors in the bond for the penalty thereof, to be discharged by the payment of the appraised value of the property, upon which judgment, process of execution shall be awarded and the clerk shall endorse thereon, &#8220;No security is to be taken.&#8221;B\n\nForfeited cash and negotiable instruments shall be disposed of pursuant to the provisions of &#xA7; 19.2-386.12.C\n\nContraband, the sale or possession of which is unlawful, weapons and property not sold because of the minimal value thereof, may be ordered destroyed by the court.","order_by":null,"text":{"0":{"id":307699,"text":"If the forfeiture is established, the judgment shall be that the property be condemned as forfeited to the Commonwealth subject to any remission granted under subsection A of &#xA7; 19.2-386.10 and further that the same be sold, unless (i) a sale thereof has been already made under &#xA7; 19.2-386.7, (ii) the court determines that the property forfeited is of such minimal value that the sale would not be in the best interest of the Commonwealth or (iii) the court finds that the property may be subject to return to a participating agency. If the court finds that the property may be subject to return to an agency participating in the seizure in accordance with subsection C of &#xA7; 19.2-386.14, the order shall provide for storage of the property until the determination to return it is made or, if return is not made, for sale of the property as provided in this section and &#xA7; 19.2-386.12. If sale has been made, the judgment shall be against the proceeds of sale, subject to the rights of any lien holder whose interest is not forfeited. If the property condemned has been delivered to the claimant under &#xA7; 19.2-386.6, further judgment shall be against the obligors in the bond for the penalty thereof, to be discharged by the payment of the appraised value of the property, upon which judgment, process of execution shall be awarded and the clerk shall endorse thereon, &#8220;No security is to be taken.&#8221;","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":307700,"text":"Forfeited cash and negotiable instruments shall be disposed of pursuant to the provisions of &#xA7; 19.2-386.12.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":307701,"text":"Contraband, the sale or possession of which is unlawful, weapons and property not sold because of the minimal value thereof, may be ordered destroyed by the court.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-386.11\/","history_text":"<p>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 2 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 1993, chapter 484.<\/p>","references":[{"id":57102,"section_number":"19.2-386.10","catch_line":"Forfeiture; default judgment; remission; trial","order_by":null,"url":"\/19.2-386.10\/"}],"refers_to":[{"id":57102,"section_number":"19.2-386.10","catch_line":"Forfeiture; default judgment; remission; trial","order_by":null,"url":"\/19.2-386.10\/"},{"id":77782,"section_number":"19.2-386.12","catch_line":"Sale of forfeited property","order_by":null,"url":"\/19.2-386.12\/"},{"id":84497,"section_number":"19.2-386.14","catch_line":"Sharing of forfeited assets","order_by":null,"url":"\/19.2-386.14\/"},{"id":81018,"section_number":"19.2-386.6","catch_line":"Bond to secure possession","order_by":null,"url":"\/19.2-386.6\/"},{"id":79713,"section_number":"19.2-386.7","catch_line":"Sale of property liable to deterioration","order_by":null,"url":"\/19.2-386.7\/"}],"permalink":{"id":170263,"object_type":"law","relational_id":85905,"identifier":"19.2-386.11","token":"19.2\/22.1\/19.2-386.11","url":"\/19.2-386.11\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-386.11\/","token":"19.2\/22.1\/19.2-386.11","dublin_core":{"Title":"Judgment of condemnation; destruction","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-386.11","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> If the forfeiture is established, the <span class=\"dictionary\">judgment<\/span> shall be that the property be condemned as forfeited to the Commonwealth subject to any remission granted under subsection A of &#xA7; <a class=\"law\" title=\"Forfeiture; default judgment; remission; trial\" href=\"\/19.2-386.10\/\">19.2-386.10<\/a> and further that the same be sold, unless (i) a sale thereof has been already made under &#xA7; <a class=\"law\" title=\"Sale of property liable to deterioration\" href=\"\/19.2-386.7\/\">19.2-386.7<\/a>, (ii) the <span class=\"dictionary\">court<\/span> determines that the property forfeited is of such minimal value that the sale would not be in the best interest of the Commonwealth or (iii) the <span class=\"dictionary\">court<\/span> finds that the property may be subject to return to a participating agency. If the <span class=\"dictionary\">court<\/span> finds that the property may be subject to return to an agency participating in the seizure in accordance with subsection C of &#xA7; <a class=\"law\" title=\"Sharing of forfeited assets\" href=\"\/19.2-386.14\/\">19.2-386.14<\/a>, the <span class=\"dictionary\">order<\/span> shall provide for storage of the property until the determination to return it is made or, if return is not made, for sale of the property as provided in this section and &#xA7; <a class=\"law\" title=\"Sale of forfeited property\" href=\"\/19.2-386.12\/\">19.2-386.12<\/a>. If sale has been made, the <span class=\"dictionary\">judgment<\/span> shall be against the proceeds of sale, subject to the rights of any <span class=\"dictionary\">lien<\/span> holder whose interest is not forfeited. If the property condemned has been delivered to the claimant under &#xA7; <a class=\"law\" title=\"Bond to secure possession\" href=\"\/19.2-386.6\/\">19.2-386.6<\/a>, further <span class=\"dictionary\">judgment<\/span> shall be against the obligors in the <span class=\"dictionary\">bond<\/span> for the <span class=\"dictionary\">penalty<\/span> thereof, to be discharged by the payment of the appraised value of the property, upon which <span class=\"dictionary\">judgment<\/span>, process of execution shall be awarded and the clerk shall endorse thereon, &#8220;No security is to be taken.&#8221; <a id=\"paragraph-307699\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-386.11\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Forfeited cash and negotiable instruments shall be disposed of pursuant to the provisions of &#xA7; <a class=\"law\" title=\"Sale of forfeited property\" href=\"\/19.2-386.12\/\">19.2-386.12<\/a>. <a id=\"paragraph-307700\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-386.11\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Contraband, the sale or <span class=\"dictionary\">possession<\/span> of which is unlawful, weapons and property not sold because of the minimal value thereof, may be ordered destroyed by the <span class=\"dictionary\">court<\/span>. <a id=\"paragraph-307701\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-386.11\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nJUDGMENT OF CONDEMNATION; DESTRUCTION (\u00a7 19.2-386.11)\n\nA. If the forfeiture is established, the judgment shall be that the property be\ncondemned as forfeited to the Commonwealth subject to any remission granted\nunder subsection A of &#xA7; 19.2-386.10 and further that the same be sold,\nunless (i) a sale thereof has been already made under &#xA7; 19.2-386.7, (ii)\nthe court determines that the property forfeited is of such minimal value that\nthe sale would not be in the best interest of the Commonwealth or (iii) the\ncourt finds that the property may be subject to return to a participating\nagency. If the court finds that the property may be subject to return to an\nagency participating in the seizure in accordance with subsection C of &#xA7;\n19.2-386.14, the order shall provide for storage of the property until the\ndetermination to return it is made or, if return is not made, for sale of the\nproperty as provided in this section and &#xA7; 19.2-386.12. If sale has been\nmade, the judgment shall be against the proceeds of sale, subject to the rights\nof any lien holder whose interest is not forfeited. If the property condemned\nhas been delivered to the claimant under &#xA7; 19.2-386.6, further judgment\nshall be against the obligors in the bond for the penalty thereof, to be\ndischarged by the payment of the appraised value of the property, upon which\njudgment, process of execution shall be awarded and the clerk shall endorse\nthereon, &#8220;No security is to be taken.&#8221;\n\nB. Forfeited cash and negotiable instruments shall be disposed of pursuant to\nthe provisions of &#xA7; 19.2-386.12.\n\nC. Contraband, the sale or possession of which is unlawful, weapons and property\nnot sold because of the minimal value thereof, may be ordered destroyed by the\ncourt.\n\nHISTORY: 1989, c. 690; 1991, c. 560; 1993, c. 484.","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}}