{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-386.12.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-386.12.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-386.12.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-386.12.html"}],"law_id":77782,"edition_id":1,"section_id":77782,"structure_id":14527,"section_number":"19.2-386.12","catch_line":"Sale of forfeited property","history":"1989, c. 690; 1991, c. 560.","full_text":"A\n\nAny sale of forfeited property shall be made for cash, after due advertisement. The sale shall be by public sale or other commercially feasible means authorized by the court in the order of forfeiture and shall vest in the purchaser a clear and absolute title to the property sold subject to the rights of any lien holder whose interest is not forfeited. The proceeds of sale, and whatever may be realized on any bond given under § 19.2-386.6, and any money forfeited shall be paid over to the state treasury into a special fund of the Department of Criminal Justice Services in accordance with § 19.2-386.14.B\n\nIn all cases of forfeiture under this section, the actual expenses incident to the custody, preservation, and management of the seized property prior to forfeiture, the actual expenses incident to normal legal proceedings to perfect the Commonwealth’s interest in the seized property through forfeiture, and the actual expenses incident to the sale thereof, including commissions, shall be taxed as costs and shall be paid to the person or persons who incurred these costs out of the net proceeds from the sale of such property. If there are no proceeds, the actual expenses shall be paid by the Commonwealth from the Criminal Fund. Actual expenses in excess of the available net proceeds shall be paid by the Commonwealth from the Criminal Fund. The party or parties in interest to any forfeiture proceeding commenced under this section shall be entitled to reasonable attorney’s fees and costs if the forfeiture proceeding is terminated in favor of such party or parties. Such fees and costs shall be paid by the Commonwealth from the Criminal Fund.\n\t\t\tThe residue, if any, shall be paid and disbursed as provided in subsection A of § 19.2-386.10 and § 19.2-386.14 and regulations promulgated by the Criminal Justice Services Board.","order_by":null,"text":{"0":{"id":278959,"text":"Any sale of forfeited property shall be made for cash, after due advertisement. The sale shall be by public sale or other commercially feasible means authorized by the court in the order of forfeiture and shall vest in the purchaser a clear and absolute title to the property sold subject to the rights of any lien holder whose interest is not forfeited. The proceeds of sale, and whatever may be realized on any bond given under § 19.2-386.6, and any money forfeited shall be paid over to the state treasury into a special fund of the Department of Criminal Justice Services in accordance with § 19.2-386.14.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":278960,"text":"In all cases of forfeiture under this section, the actual expenses incident to the custody, preservation, and management of the seized property prior to forfeiture, the actual expenses incident to normal legal proceedings to perfect the Commonwealth’s interest in the seized property through forfeiture, and the actual expenses incident to the sale thereof, including commissions, shall be taxed as costs and shall be paid to the person or persons who incurred these costs out of the net proceeds from the sale of such property. If there are no proceeds, the actual expenses shall be paid by the Commonwealth from the Criminal Fund. Actual expenses in excess of the available net proceeds shall be paid by the Commonwealth from the Criminal Fund. The party or parties in interest to any forfeiture proceeding commenced under this section shall be entitled to reasonable attorney’s fees and costs if the forfeiture proceeding is terminated in favor of such party or parties. Such fees and costs shall be paid by the Commonwealth from the Criminal Fund.\n\t\t\tThe residue, if any, shall be paid and disbursed as provided in subsection A of § 19.2-386.10 and § 19.2-386.14 and regulations promulgated by the Criminal Justice Services Board.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-386.12\/","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 1 time. 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. That modification is as follows: in 1991, chapter 560.<\/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\/"},{"id":85905,"section_number":"19.2-386.11","catch_line":"Judgment of condemnation; destruction","order_by":null,"url":"\/19.2-386.11\/"},{"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\/"}],"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":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\/"}],"permalink":{"id":170267,"object_type":"law","relational_id":77782,"identifier":"19.2-386.12","token":"19.2\/22.1\/19.2-386.12","url":"\/19.2-386.12\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-386.12\/","token":"19.2\/22.1\/19.2-386.12","dublin_core":{"Title":"Sale of forfeited property","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-386.12","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any sale of forfeited property shall be made for cash, after due advertisement. The sale shall be by public sale or other commercially feasible means authorized by the court<\/span> in the order<\/span> of forfeiture and shall vest in the purchaser a clear and absolute title to the property sold subject to the rights of any lien<\/span> holder whose interest is not forfeited. The proceeds of sale, and whatever may be realized on any bond<\/span> given under § 19.2-386.6<\/a>, and any money forfeited shall be paid over to the state treasury into a special fund of the Department of Criminal Justice Services in accordance with § 19.2-386.14<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In all cases of forfeiture under this section, the actual expenses incident to the custody<\/span>, preservation, and management of the seized property prior to forfeiture, the actual expenses incident to normal legal proceedings to perfect the Commonwealth’s interest in the seized property through forfeiture, and the actual expenses incident to the sale thereof, including commissions, shall be taxed as costs and shall be paid to the person or persons who incurred these costs out of the net proceeds from the sale of such property. If there are no proceeds, the actual expenses shall be paid by the Commonwealth from the Criminal Fund. Actual expenses in excess of the available net proceeds shall be paid by the Commonwealth from the Criminal Fund. The party<\/span> or parties in interest to any forfeiture proceeding commenced under this section shall be entitled to reasonable attorney’s fees and costs if the forfeiture proceeding is terminated in favor of such party<\/span> or parties. Such fees and costs shall be paid by the Commonwealth from the Criminal Fund.\n\t\t\tThe residue, if any, shall be paid and disbursed as provided in subsection A of § 19.2-386.10<\/a> and § 19.2-386.14<\/a> and regulations promulgated by the Criminal Justice Services Board. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSALE OF FORFEITED PROPERTY (\u00a7 19.2-386.12)\n\nA. Any sale of forfeited property shall be made for cash, after due\nadvertisement. The sale shall be by public sale or other commercially feasible\nmeans authorized by the court in the order of forfeiture and shall vest in the\npurchaser a clear and absolute title to the property sold subject to the rights\nof any lien holder whose interest is not forfeited. The proceeds of sale, and\nwhatever may be realized on any bond given under § 19.2-386.6, and any\nmoney forfeited shall be paid over to the state treasury into a special fund of\nthe Department of Criminal Justice Services in accordance with §\n19.2-386.14.\n\nB. In all cases of forfeiture under this section, the actual expenses incident\nto the custody, preservation, and management of the seized property prior to\nforfeiture, the actual expenses incident to normal legal proceedings to perfect\nthe Commonwealth’s interest in the seized property through forfeiture, and\nthe actual expenses incident to the sale thereof, including commissions, shall\nbe taxed as costs and shall be paid to the person or persons who incurred these\ncosts out of the net proceeds from the sale of such property. If there are no\nproceeds, the actual expenses shall be paid by the Commonwealth from the\nCriminal Fund. Actual expenses in excess of the available net proceeds shall be\npaid by the Commonwealth from the Criminal Fund. The party or parties in\ninterest to any forfeiture proceeding commenced under this section shall be\nentitled to reasonable attorney’s fees and costs if the forfeiture\nproceeding is terminated in favor of such party or parties. Such fees and costs\nshall be paid by the Commonwealth from the Criminal Fund.\n\t\t\tThe residue, if any, shall be paid and disbursed as provided in subsection A\nof § 19.2-386.10 and § 19.2-386.14 and regulations promulgated by the\nCriminal Justice Services Board.\n\nHISTORY: 1989, c. 690; 1991, c. 560.","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}}