{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-386.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-386.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-386.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-386.2.html"}],"law_id":56604,"edition_id":1,"section_id":56604,"structure_id":14527,"section_number":"19.2-386.2","catch_line":"Seizure of named property","history":"1989, c. 690; 2002, cc. 588, 623; 2004, c. 995; 2006, c. 766; 2012, cc. 283, 756; 2015, c. 769; 2016, cc. 203, 423.","full_text":"A\n\nWhen any property subject to seizure under Chapter 22.2 (§ 19.2-386.15 et seq.) or other provision under the Code has not been seized at the time an information naming that property is filed, the clerk of the circuit court or a judge of the circuit court, upon motion of the attorney for the Commonwealth wherein the information is filed, shall issue a warrant to the sheriff or other state or local law-enforcement officer authorized to serve criminal process in the jurisdiction where the property is located, describing the property named in the complaint and authorizing its immediate seizure.B\n\nIn all cases of seizure of real property, a notice of lis pendens shall be filed with the clerk of the circuit court of the county or city wherein the property is located and shall be indexed in the land records in the name or names of those persons whose interests appear to be affected thereby.C\n\nWhen any property is seized for the purposes of forfeiture under Chapter 22.2 (§ 19.2-386.15 et seq.) or other forfeiture provision under the Code, the agency seizing the property shall, as soon as practicable after the seizure, conduct an inventory of the seized property and shall, as soon as practicable, provide a copy of the inventory to the owner. An agency’s failure to provide a copy of an inventory pursuant to this subsection shall not invalidate any forfeiture.D\n\nWhen any property is seized for the purposes of forfeiture under Chapter 22.2 (§ 19.2-386.15 et seq.) or other forfeiture provision under the Code, and an information naming that property has not been filed, neither the agency seizing the property nor any other law-enforcement agency may request, require, or in any manner induce any person who asserts ownership, lawful possession, or any lawful right to the property to waive his interest in or rights to the property until an information has been filed.","order_by":null,"text":{"0":{"id":207153,"text":"When any property subject to seizure under Chapter 22.2 (§ 19.2-386.15 et seq.) or other provision under the Code has not been seized at the time an information naming that property is filed, the clerk of the circuit court or a judge of the circuit court, upon motion of the attorney for the Commonwealth wherein the information is filed, shall issue a warrant to the sheriff or other state or local law-enforcement officer authorized to serve criminal process in the jurisdiction where the property is located, describing the property named in the complaint and authorizing its immediate seizure.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":207154,"text":"In all cases of seizure of real property, a notice of lis pendens shall be filed with the clerk of the circuit court of the county or city wherein the property is located and shall be indexed in the land records in the name or names of those persons whose interests appear to be affected thereby.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":207155,"text":"When any property is seized for the purposes of forfeiture under Chapter 22.2 (§ 19.2-386.15 et seq.) or other forfeiture provision under the Code, the agency seizing the property shall, as soon as practicable after the seizure, conduct an inventory of the seized property and shall, as soon as practicable, provide a copy of the inventory to the owner. An agency’s failure to provide a copy of an inventory pursuant to this subsection shall not invalidate any forfeiture.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":207156,"text":"When any property is seized for the purposes of forfeiture under Chapter 22.2 (§ 19.2-386.15 et seq.) or other forfeiture provision under the Code, and an information naming that property has not been filed, neither the agency seizing the property nor any other law-enforcement agency may request, require, or in any manner induce any person who asserts ownership, lawful possession, or any lawful right to the property to waive his interest in or rights to the property until an information has been filed.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-386.2\/","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 6 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 2002, chapters 588<\/a> and 623<\/a>; in 2004, chapter 995<\/a>; in 2006, chapter 766<\/a>; in 2012, chapters 283<\/a> and 756<\/a>; in 2015, chapter 769<\/a>; in 2016, chapters 203<\/a> and 423<\/a>.<\/p>","references":[{"id":70609,"section_number":"19.2-386.4","catch_line":"Records and handling of seized property","order_by":null,"url":"\/19.2-386.4\/"}],"refers_to":[{"id":76677,"section_number":"19.2-386.15","catch_line":"Seizure of property used in connection with or derived from terrorism","order_by":null,"url":"\/19.2-386.15\/"}],"permalink":{"id":170279,"object_type":"law","relational_id":56604,"identifier":"19.2-386.2","token":"19.2\/22.1\/19.2-386.2","url":"\/19.2-386.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-386.2\/","token":"19.2\/22.1\/19.2-386.2","dublin_core":{"Title":"Seizure of named property","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-386.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When any property subject to seizure under Chapter 22.2 (§ 19.2-386.15<\/a> et seq.) or other provision under the Code has not been seized at the time an information naming that property is filed, the clerk of the circuit<\/span> court<\/span> or a judge<\/span> of the circuit<\/span> court<\/span>, upon motion<\/span> of the attorney for the Commonwealth wherein the information is filed, shall issue<\/span> a warrant to the sheriff or other state or local law<\/span>-enforcement officer authorized to serve criminal process in the jurisdiction<\/span> where the property is located, describing the property named in the complaint and authorizing its immediate seizure. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In all cases of seizure of real property, a notice of lis pendens shall be filed with the clerk of the circuit<\/span> court<\/span> of the county or city wherein the property is located and shall be indexed in the land records in the name or names of those persons whose interests appear to be affected thereby. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When any property is seized for the purposes of forfeiture under Chapter 22.2 (§ 19.2-386.15<\/a> et seq.) or other forfeiture provision under the Code, the agency seizing the property shall, as soon as practicable after the seizure, conduct an inventory of the seized property and shall, as soon as practicable, provide a copy of the inventory to the owner. An agency’s failure to provide a copy of an inventory pursuant to this subsection shall not invalidate any forfeiture. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> When any property is seized for the purposes of forfeiture under Chapter 22.2 (§ 19.2-386.15<\/a> et seq.) or other forfeiture provision under the Code, and an information naming that property has not been filed, neither the agency seizing the property nor any other law<\/span>-enforcement agency may request, require, or in any manner induce any person who asserts ownership, lawful possession<\/span>, or any lawful right to the property to waive<\/span> his interest in or rights to the property until an information has been filed. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSEIZURE OF NAMED PROPERTY (\u00a7 19.2-386.2)\n\nA. When any property subject to seizure under Chapter 22.2 (§ 19.2-386.15\net seq.) or other provision under the Code has not been seized at the time an\ninformation naming that property is filed, the clerk of the circuit court or a\njudge of the circuit court, upon motion of the attorney for the Commonwealth\nwherein the information is filed, shall issue a warrant to the sheriff or other\nstate or local law-enforcement officer authorized to serve criminal process in\nthe jurisdiction where the property is located, describing the property named in\nthe complaint and authorizing its immediate seizure.\n\nB. In all cases of seizure of real property, a notice of lis pendens shall be\nfiled with the clerk of the circuit court of the county or city wherein the\nproperty is located and shall be indexed in the land records in the name or\nnames of those persons whose interests appear to be affected thereby.\n\nC. When any property is seized for the purposes of forfeiture under Chapter 22.2\n(§ 19.2-386.15 et seq.) or other forfeiture provision under the Code, the\nagency seizing the property shall, as soon as practicable after the seizure,\nconduct an inventory of the seized property and shall, as soon as practicable,\nprovide a copy of the inventory to the owner. An agency’s failure to\nprovide a copy of an inventory pursuant to this subsection shall not invalidate\nany forfeiture.\n\nD. When any property is seized for the purposes of forfeiture under Chapter 22.2\n(§ 19.2-386.15 et seq.) or other forfeiture provision under the Code, and\nan information naming that property has not been filed, neither the agency\nseizing the property nor any other law-enforcement agency may request, require,\nor in any manner induce any person who asserts ownership, lawful possession, or\nany lawful right to the property to waive his interest in or rights to the\nproperty until an information has been filed.\n\nHISTORY: 1989, c. 690; 2002, cc. 588, 623; 2004, c. 995; 2006, c. 766; 2012, cc.\n283, 756; 2015, c. 769; 2016, cc. 203, 423.","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}}