{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/43-34.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/43-34.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/43-34.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/43-34.html"}],"law_id":55384,"edition_id":1,"section_id":55384,"structure_id":14198,"section_number":"43-34","catch_line":"Enforcement of liens acquired under \u00a7\u00a7 43-31 through 43-33 and of liens of bailees","history":"Code 1919, \u00a7 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; 2019, c. 560.","full_text":"For the 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.\n\t\tAny person having a lien under \u00a7\u00a7 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.\n\t\tBefore making the sale, the seller shall advertise the time, place, and terms thereof in any of the following places: (i) a public place in the county or city where the property is located; (ii) a website operated by the Commonwealth, the county or city where the property is located, or a political subdivision of either; or (iii) a newspaper of general circulation in the county or city where the property is located, either in print or on its website. 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.\n\t\tIf 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.\n\t\tIf the owner of the property is a resident of the Commonwealth, any notice required by this section may be served as provided in \u00a7 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.","order_by":null,"text":{"0":{"id":203073,"text":"For the 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.\n\t\tAny person having a lien under \u00a7\u00a7 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.\n\t\tBefore making the sale, the seller shall advertise the time, place, and terms thereof in any of the following places: (i) a public place in the county or city where the property is located; (ii) a website operated by the Commonwealth, the county or city where the property is located, or a political subdivision of either; or (iii) a newspaper of general circulation in the county or city where the property is located, either in print or on its website. 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.\n\t\tIf 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.\n\t\tIf the owner of the property is a resident of the Commonwealth, any notice required by this section may be served as provided in \u00a7 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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14198,"edition_id":1,"name":"Liens of Innkeepers, Livery Stable, Garage and Marina Keepers, Mechanics and Bailees","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":14159,"metadata":{},"date_created":"2026-06-26 03:47:14","date_modified":"2026-06-26 03:47:14","permalink":{"id":221433,"object_type":"structure","relational_id":14198,"identifier":"4","token":"43\/4","url":"\/43\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14159,"edition_id":1,"name":"Mechanics' and Certain Other Liens","identifier":"43","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:47:04","date_modified":"2026-06-26 03:47:04","permalink":{"id":221265,"object_type":"structure","relational_id":14159,"identifier":"43","token":"43","url":"\/43\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65617,"structure_id":14198,"section_number":"43-31","catch_line":"Lien of innkeepers, etc","url":"\/43-31\/","token":"43\/4\/43-31","metadata":false},{"id":57546,"structure_id":14198,"section_number":"43-32","catch_line":"Lien of keeper of livery stable, marina, etc","url":"\/43-32\/","token":"43\/4\/43-32","metadata":false},{"id":55515,"structure_id":14198,"section_number":"43-33","catch_line":"Lien of mechanic for repairs","url":"\/43-33\/","token":"43\/4\/43-33","metadata":false},{"id":55384,"structure_id":14198,"section_number":"43-34","catch_line":"Enforcement of liens acquired under \u00a7\u00a7 43-31 through 43-33 and of liens of bailees","url":"\/43-34\/","token":"43\/4\/43-34","metadata":false},{"id":77827,"structure_id":14198,"section_number":"43-34.1","catch_line":"Lien of keeper of hangar or tie-down on aircraft subject to a chattel mortgage","url":"\/43-34.1\/","token":"43\/4\/43-34.1","metadata":false},{"id":74979,"structure_id":14198,"section_number":"43-35","catch_line":"How and when validity of lien, or claim of other person to property, is tried","url":"\/43-35\/","token":"43\/4\/43-35","metadata":false},{"id":68579,"structure_id":14198,"section_number":"43-36","catch_line":"Appeals, how taken and tried","url":"\/43-36\/","token":"43\/4\/43-36","metadata":false},{"id":68400,"structure_id":14198,"section_number":"43-37","catch_line":"Sale of baggage and other personal property held pursuant to \u00a7 43-31 or unclaimed","url":"\/43-37\/","token":"43\/4\/43-37","metadata":false},{"id":57895,"structure_id":14198,"section_number":"43-38","catch_line":"Withdrawal from such sale upon payment of charges, interest and expenses","url":"\/43-38\/","token":"43\/4\/43-38","metadata":false},{"id":67882,"structure_id":14198,"section_number":"43-39","catch_line":"Distribution of proceeds of sale","url":"\/43-39\/","token":"43\/4\/43-39","metadata":false},{"id":62324,"structure_id":14198,"section_number":"43-40","catch_line":"Subsequent payment of surplus proceeds to persons entitled thereto","url":"\/43-40\/","token":"43\/4\/43-40","metadata":false}],"previous_section":{"id":55515,"structure_id":14198,"section_number":"43-33","catch_line":"Lien of mechanic for repairs","url":"\/43-33\/","token":"43\/4\/43-33","metadata":false},"next_section":{"id":77827,"structure_id":14198,"section_number":"43-34.1","catch_line":"Lien of keeper of hangar or tie-down on aircraft subject to a chattel mortgage","url":"\/43-34.1\/","token":"43\/4\/43-34.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/43-34\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 18 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 1960, chapter 571; in 1968, chapter 605; in 1978, chapter 59; in 1980, chapter 598; in 1987, chapter 37; in 1988, chapter 227; in 1992, chapter 111; in 1993, chapter 759; in 1998, chapter 868<\/a>; in 2002, chapter 401<\/a>; in 2004, chapter 369<\/a>; in 2006, chapters 874<\/a> and 891<\/a>; in 2008, chapter 171<\/a>; in 2009, chapter 664<\/a>; in 2011, chapters 14<\/a> and 702<\/a>; in 2014, chapter 339<\/a>; in 2016, chapter 397<\/a>; in 2019, chapter 560<\/a>.<\/p>","references":[{"id":54234,"section_number":"29.1-733.20","catch_line":"Transfer by operation of law","order_by":null,"url":"\/29.1-733.20\/"}],"refers_to":[{"id":65617,"section_number":"43-31","catch_line":"Lien of innkeepers, etc","order_by":null,"url":"\/43-31\/"},{"id":55515,"section_number":"43-33","catch_line":"Lien of mechanic for repairs","order_by":null,"url":"\/43-33\/"},{"id":57169,"section_number":"8.01-296","catch_line":"Manner of serving process upon natural persons","order_by":null,"url":"\/8.01-296\/"}],"permalink":{"id":221447,"object_type":"law","relational_id":55384,"identifier":"43-34","token":"43\/4\/43-34","url":"\/43-34\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/43-34\/","token":"43\/4\/43-34","dublin_core":{"Title":"Enforcement of liens acquired under \u00a7\u00a7 43-31 through 43-33 and of liens of bailees","Type":"Text","Format":"text\/html","Identifier":"\u00a7 43-34","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

For the 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.\n\t\tAny person having a lien<\/span> under \u00a7\u00a7 43-31<\/a> through 43-33<\/a> and any bailee, except where otherwise provided, having a lien<\/span> as such at common law<\/span> on personal property in his possession<\/span> that he has no power to sell for the satisfaction of the lien<\/span>, if the debt for which the lien<\/span> exists is not paid within 10 days after it is due and the value of the property affected by the lien<\/span> 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.\n\t\tBefore making the sale, the seller shall advertise the time, place, and terms thereof in any of the following places: (i) a public place in the county or city where the property is located; (ii) a website operated by the Commonwealth, the county or city where the property is located, or a political subdivision of either; or (iii) a newspaper of general circulation in the county or city where the property is located, either in print or on its website. 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<\/span> who has filed a financing statement against the property, and written notice shall be given to the owner as hereinafter provided.\n\t\tIf the value of the property is more than $10,000 but does not exceed $25,000, the party<\/span> having the lien<\/span>, after giving notice as herein provided, may apply by petition<\/span> to any general district court<\/span> of the county or city wherein the property is, or, if the value of the property exceeds $25,000, to the circuit<\/span> court<\/span> of the county or city, for the sale of the property. If, on the hearing<\/span> of the case on the petition<\/span>, the defense, if any made thereto, and such evidence<\/span> as may be adduced by the parties respectively, the court<\/span> is satisfied that the debt and lien<\/span> are established and the property should be sold to pay the debt, the court<\/span> shall order<\/span> 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<\/span>.\n\t\tIf the owner of the property is a resident of the Commonwealth, any notice required by this section may be served as provided in \u00a7 8.01-296<\/a> or, if the sale is to be made without resort to the courts<\/span>, 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.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENFORCEMENT OF LIENS ACQUIRED UNDER \u00a7\u00a7 43-31 THROUGH 43-33 AND OF LIENS OF\nBAILEES (\u00a7 43-34)\n\nFor the purposes of this section, “public place” means a premises\nowned by the Commonwealth or a political subdivision thereof, or an agency of\neither, that is open to the general public.\n\t\tAny person having a lien under \u00a7\u00a7 43-31 through 43-33 and any bailee, except\nwhere otherwise provided, having a lien as such at common law on personal\nproperty in his possession that he has no power to sell for the satisfaction of\nthe lien, if the debt for which the lien exists is not paid within 10 days after\nit is due and the value of the property affected by the lien does not exceed\n$10,000, may sell such property or so much thereof as may be necessary, by\npublic auction, for cash. The proceeds shall be applied to the satisfaction of\nthe debt and expenses of sale, and the surplus, if any, shall be paid within 30\ndays of the sale to any lienholder, and then to the owner of the property. A\nseller who fails to remit the surplus as provided shall be liable to the person\nentitled to the surplus in an amount equal to $50 for each day beyond 30 days\nthat the failure continues.\n\t\tBefore making the sale, the seller shall advertise the time, place, and terms\nthereof in any of the following places: (i) a public place in the county or city\nwhere the property is located; (ii) a website operated by the Commonwealth, the\ncounty or city where the property is located, or a political subdivision of\neither; or (iii) a newspaper of general circulation in the county or city where\nthe property is located, either in print or on its website. In the case of\nproperty other than a motor vehicle required to be registered in Virginia having\na value in excess of $600, 10 days’ prior notice shall be given to any\nsecured party who has filed a financing statement against the property, and\nwritten notice shall be given to the owner as hereinafter provided.\n\t\tIf the value of the property is more than $10,000 but does not exceed $25,000,\nthe party having the lien, after giving notice as herein provided, may apply by\npetition to any general district court of the county or city wherein the\nproperty is, or, if the value of the property exceeds $25,000, to the circuit\ncourt of the county or city, for the sale of the property. If, on the hearing of\nthe case on the petition, the defense, if any made thereto, and such evidence as\nmay be adduced by the parties respectively, the court is satisfied that the debt\nand lien are established and the property should be sold to pay the debt, the\ncourt shall order the sale to be made by the sheriff of the county or city. The\nsheriff shall make the same and apply and dispose of the proceeds in the same\nmanner as if the sale were made under a writ of fieri facias.\n\t\tIf the owner of the property is a resident of the Commonwealth, any notice\nrequired by this section may be served as provided in \u00a7 8.01-296 or, if the\nsale is to be made without resort to the courts, by personal delivery or by\ncertified or registered mail delivered to the present owner of the property to\nbe sold at his last known address at least 10 days prior to the date of sale. If\nthe owner of the property is a nonresident or if his address is unknown, any\nnotice required by this section may be served by posting a copy thereof in three\nof any of the following places in any combination: (i) one or more public places\nin the county or city where the property is located; (ii) one or more websites\noperated by the Commonwealth, the county or city where the property is located,\nor a political subdivision of either; or (iii) one or more newspapers of general\ncirculation in the county or city where the property is located, either in print\nor on their websites.\n\nHISTORY: Code 1919, \u00a7 6449; 1960, c. 571; 1968, c. 605; 1971, Ex. Sess., c.\n155; 1978, c. 59; 1980, c. 598; 1987, c. 37; 1988, c. 227; 1992, c. 111; 1993,\nc. 759; 1998, c. 868; 2002, c. 401; 2004, c. 369; 2006, cc. 874, 891; 2008, c.\n171; 2009, c. 664; 2011, cc. 14, 702; 2014, c. 339; 2016, c. 397; 2019, 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}}