{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-644.03.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-644.03.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-644.03.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-644.03.html"}],"law_id":56129,"edition_id":1,"section_id":56129,"structure_id":12956,"section_number":"46.2-644.03","catch_line":"Enforcement of liens acquired under \u00a7\u00a7 46.2-644.01 and 46.2-644.02","history":"2009, c. 664; 2011, cc. 14, 702; 2014, c. 339; 2015, c. 640; 2016, c. 397; 2019, c. 560; 2021, Sp. Sess. I, c. 374.","full_text":"A\n\nFor the purposes of this section:\n\t\t\t“Bailee” means anyone who has one or more liens under § 46.2-644.01 or 46.2-644.02.\n\t\t\t“Independent appraisal” means an estimate for the value of a motor vehicle prepared by an individual or business that (i) has all required business licenses and zoning approvals and (ii) is either a licensed appraiser in another state or a business authorized by an insurance company to prepare insurance appraisals. “Independent appraisal” does not include an estimate prepared by an individual or business with a financial interest in the bailee’s business.B\n\nAny bailee eligible to enforce a lien under § 46.2-644.01 or 46.2-644.02, if the value of the vehicle affected by the lien does not exceed $12,500, may sell such vehicle by public auction, for cash, in accordance with the provisions of this section. 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 of record, and then to the owner of the vehicle, provided such lienholder or owner contacts the bailee prior to the sale to claim any surplus that may result. If such claim is made by the lienholder or owner within 30 days following the sale, the surplus shall be paid within 30 days of the claim. If no claim to the surplus is made within 30 days of the sale, or if the owner or lienholder cannot be ascertained by the Department, the bailee shall be entitled to keep the surplus.C\n\nBefore any lien may be enforced under this section, the bailee or his authorized agent shall initiate with the Department, in a manner prescribed by the Commissioner, a search for the owner and lienholder of record for the vehicle, the names and addresses of which if found shall be provided to the bailee. Any bailee or authorized agent who initiates more than five such requests within any 12-month period shall enter into an agreement with the Department to initiate requests and receive responses electronically.\n\t\t\tThe Department shall check (i) its own records, (ii) the records of a nationally recognized crime database, and (iii) records of a nationally recognized motor vehicle title database for owner and lienholder information. If a vehicle has been reported stolen, the Department shall notify the appropriate law-enforcement agency of that fact. If a vehicle is found to have been titled in another jurisdiction, the Department shall contact that jurisdiction to ascertain the requested information and provide it to the bailee. At the time of the search, the Department shall also determine the value of the vehicle, using the trade-in value specified in a recognized pricing guide, and, for a vehicle titled in the Commonwealth, whether the records of the Department show that the owner of the vehicle has indicated that he is on active military duty or service. The Department shall include such information in the response to the request for vehicle information.\n\t\t\tAfter responding to the request for vehicle information, the Department shall notify the owner and any lienholder of record of the request by first-class mail to the address provided on the vehicle record held by the Department or by the jurisdiction in which the vehicle is titled. Such notice shall include the name and contact information of the bailee and any terms for reclaiming the vehicle, as well as any additional information the Commissioner determines to be necessary.\n\t\t\tNo notice by the Department shall be required if no record for the vehicle can be found or, in the case of a vehicle titled in another jurisdiction, the other jurisdiction refuses to release the requested vehicle information to the Department. In either situation, the bailee may continue with lien enforcement under this section. However, if a vehicle record exists in another jurisdiction, the bailee shall assume all liability for proceeding with such enforcement without written notice to the owner and\/or lienholder of record.\n\t\t\tFor every vehicle subject to a record search as provided for in this section, if the record for the vehicle is held by the Department, the Department shall place an administrative hold on the vehicle record until the bailee reports to the Department that the vehicle has been reclaimed or sold pursuant to this section.D\n\nAny bailee enforcing a lien in accordance with this section shall notify the Department of his intent to sell the vehicle in a manner prescribed by the Commissioner. A $40 fee shall be paid to the Department at the time of notice. Upon receipt of such notice and fee, the Department shall repeat the vehicle record search prescribed in subsection A for the purpose of confirming the most recent owner and lienholder information for the vehicle.\n\t\t\tIf the Department confirms owner or lienholder information, either through a search of its own records or those of another jurisdiction, the Department shall notify the owner, at the last known address of record, and any lienholder, at the last known address of record, of the intent to sell the vehicle, by certified mail, return receipt requested, and advise them to reclaim the vehicle and repay the debt owed within 15 days from the date the notice was sent. Such notice, when sent in accordance with these requirements, shall be sufficient regardless of whether or not it was ever received.\n\t\t\tFollowing the notice required in this subsection, if the vehicle remains unclaimed and the debt unpaid, the owner and all persons having security interest shall have waived all right, title, and interest in the vehicle, except to the extent that subsection B requires a surplus to be paid. The bailee shall notify the Department in a manner prescribed by the Commissioner within five business days if the vehicle is reclaimed and the debt paid. Should the bailee fail to notify the Department as required herein, and the Department must remove the administrative hold placed under subsection C at the request of the vehicle owner or lienholder, and upon submission of proof that the debt was paid and the vehicle reclaimed, the Department may impose and collect an administrative fee of $40 from the bailee for each such removal.E\n\nAt the time the bailee notifies the Department of his intent to sell the motor vehicle, the bailee shall provide the intended date of sale at public auction, including the time, place, and terms of such sale. The intended date shall be at least 21 days after the date of notification. The Department shall post notice on behalf of the bailee for at least 21 days prior to the date of sale, advertising the time, place, and terms of the sale. Such 21-day posting period shall run concurrently with the 15-day reclamation period provided for in subsection D. Notifications and postings shall be in an electronic manner prescribed by the Commissioner and shall include the vehicle identification number and a description of each vehicle to be sold. No other postings or notices advertising the sale shall be required.\n\t\t\tUpon notice by the bailee that the vehicle will be sold, the Department shall provide a certification document in a manner prescribed by the Commissioner to the bailee. The bailee shall complete all applicable certification statements on the document and provide it to the buyer of the vehicle, who shall submit the document and an application to the Department in order to obtain a certificate of title for the vehicle. Upon receipt of a completed application and certification document, the Department shall issue a certificate of title to the buyer or a nonrepairable certificate, if requested, free of all prior liens and claims of ownership of others.F\n\nIf the value of the vehicle is more than $12,500 but does not exceed $25,000, the bailee, after the notice is sent by the Department pursuant to subsection C, may apply by petition to any general district court of the county or city wherein the vehicle is, or, if the value of the vehicle exceeds $25,000, to the circuit court of the county or city, for the sale of the vehicle. No notice sent by the Department pursuant to this section shall substitute for service of process for any court proceeding. If the name of the owner cannot be ascertained, the name “John Doe” shall be substituted in any proceeding pursuant to this section.\n\t\t\tIf, 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 vehicle 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. No additional notifications or postings by the Department related to the sale shall be required.\n\t\t\tIf a court has ordered the sale of the vehicle, the bailee shall submit to the Department a copy of the court order in a manner prescribed by the Commissioner. Upon receipt, the Department shall provide a certification document to the bailee. The bailee and sheriff conducting the sale, or his authorized representative, shall complete all applicable certification statements on the document and provide it to the buyer of the vehicle, who shall submit the document and an application to the Department in order to obtain a certificate of title for the vehicle. Upon receipt of a completed application and certification document, the Department shall issue a certificate of title to the buyer or a nonrepairable certificate, if requested, free of all prior liens and claims of ownership of others.G\n\nIn determining the value of the property as required by this section, the Commissioner shall use a recognized pricing guide and, in using such guide, shall use the trade-in value specified in such guide.\n\t\t\tHowever, the bailee may submit an independent appraisal and supporting documentation to show the accurate value of the vehicle in a manner prescribed by the Commissioner. Upon receipt, the Department shall update the vehicle record to reflect the value established by the independent appraisal and notify the bailee that enforcement under this section may proceed based on the new value.\n\t\t\tIf the Department is unable to determine a trade-in value for a vehicle, the Commissioner may establish guidelines for acceptable alternate valuation options to include independent appraisals and retail or loan values that may be available in online or printed pricing guides. The bailee may submit documentation pursuant to such guidelines in order to establish the value of the vehicle.H\n\nFor a vehicle (i) for which neither the owner nor any other lienholder or secured party can be determined by the Department through a diligent search as required by this section, (ii) manufactured for a model year at least six years prior to the current model year, and (iii) having a value of no more than $4,500 as determined by the provisions of this section, a bailee may, after showing proof that the vehicle has been in his continuous custody for at least 30 days, apply for and receive from the Department of Motor Vehicles title or a nonrepairable certificate to such vehicle, free of all liens and claims of ownership of others, and proceed to sell or otherwise dispose of the vehicle.I\n\nNotwithstanding any provisions to the contrary, a bailee shall comply with the provisions of the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.) (the Act) when disposing of a vehicle owned by a member of the military on active duty or service. If the records of the Department show that the owner of the vehicle has indicated to the Department that he is on active military duty or service, such indicator shall be prima facie evidence that the vehicle is subject to the provisions of the Act. However, neither the presence nor absence of such indicator on the vehicle record shall absolve the bailee of his obligation to ascertain the owner’s military service status, if any, in accordance with the Act.J\n\nAll fees imposed and collected pursuant to this section shall be paid into the state treasury and set aside as a special, nonreverting fund to be used to meet the expenses of the Department.K\n\nResidents or businesses of other jurisdictions in possession of vehicles titled in the Commonwealth, or the authorized agents of such residents or businesses, seeking to enforce laws in those jurisdictions that are substantially similar to the enforcement of liens under §§ 46.2-644.01 and 46.2-644.02 may request information for such vehicles from the Department. The Department shall conduct the information search as provided for in subsection C, provide the names and addresses of the owner and lienholder, if any, for each vehicle to the requester, and notify the named owner and lienholder, if any, by first-class mail of the request. Such notification shall not replace any notification requirements imposed by the jurisdiction in which the requester and subject vehicle are located, nor shall the enforcement rules of this section apply to vehicles not located within the Commonwealth. If the Department finds that the vehicle is titled in another jurisdiction, the Department shall identify that jurisdiction to the requester with no further obligation to the requester or vehicle owner. The Department shall collect a $25 fee for such search.","order_by":null,"text":{"0":{"id":205703,"text":"For the purposes of this section:\n\t\t\t“Bailee” means anyone who has one or more liens under § 46.2-644.01 or 46.2-644.02.\n\t\t\t“Independent appraisal” means an estimate for the value of a motor vehicle prepared by an individual or business that (i) has all required business licenses and zoning approvals and (ii) is either a licensed appraiser in another state or a business authorized by an insurance company to prepare insurance appraisals. “Independent appraisal” does not include an estimate prepared by an individual or business with a financial interest in the bailee’s business.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":205704,"text":"Any bailee eligible to enforce a lien under § 46.2-644.01 or 46.2-644.02, if the value of the vehicle affected by the lien does not exceed $12,500, may sell such vehicle by public auction, for cash, in accordance with the provisions of this section. 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 of record, and then to the owner of the vehicle, provided such lienholder or owner contacts the bailee prior to the sale to claim any surplus that may result. If such claim is made by the lienholder or owner within 30 days following the sale, the surplus shall be paid within 30 days of the claim. If no claim to the surplus is made within 30 days of the sale, or if the owner or lienholder cannot be ascertained by the Department, the bailee shall be entitled to keep the surplus.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":205705,"text":"Before any lien may be enforced under this section, the bailee or his authorized agent shall initiate with the Department, in a manner prescribed by the Commissioner, a search for the owner and lienholder of record for the vehicle, the names and addresses of which if found shall be provided to the bailee. Any bailee or authorized agent who initiates more than five such requests within any 12-month period shall enter into an agreement with the Department to initiate requests and receive responses electronically.\n\t\t\tThe Department shall check (i) its own records, (ii) the records of a nationally recognized crime database, and (iii) records of a nationally recognized motor vehicle title database for owner and lienholder information. If a vehicle has been reported stolen, the Department shall notify the appropriate law-enforcement agency of that fact. If a vehicle is found to have been titled in another jurisdiction, the Department shall contact that jurisdiction to ascertain the requested information and provide it to the bailee. At the time of the search, the Department shall also determine the value of the vehicle, using the trade-in value specified in a recognized pricing guide, and, for a vehicle titled in the Commonwealth, whether the records of the Department show that the owner of the vehicle has indicated that he is on active military duty or service. The Department shall include such information in the response to the request for vehicle information.\n\t\t\tAfter responding to the request for vehicle information, the Department shall notify the owner and any lienholder of record of the request by first-class mail to the address provided on the vehicle record held by the Department or by the jurisdiction in which the vehicle is titled. Such notice shall include the name and contact information of the bailee and any terms for reclaiming the vehicle, as well as any additional information the Commissioner determines to be necessary.\n\t\t\tNo notice by the Department shall be required if no record for the vehicle can be found or, in the case of a vehicle titled in another jurisdiction, the other jurisdiction refuses to release the requested vehicle information to the Department. In either situation, the bailee may continue with lien enforcement under this section. However, if a vehicle record exists in another jurisdiction, the bailee shall assume all liability for proceeding with such enforcement without written notice to the owner and\/or lienholder of record.\n\t\t\tFor every vehicle subject to a record search as provided for in this section, if the record for the vehicle is held by the Department, the Department shall place an administrative hold on the vehicle record until the bailee reports to the Department that the vehicle has been reclaimed or sold pursuant to this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":205706,"text":"Any bailee enforcing a lien in accordance with this section shall notify the Department of his intent to sell the vehicle in a manner prescribed by the Commissioner. A $40 fee shall be paid to the Department at the time of notice. Upon receipt of such notice and fee, the Department shall repeat the vehicle record search prescribed in subsection A for the purpose of confirming the most recent owner and lienholder information for the vehicle.\n\t\t\tIf the Department confirms owner or lienholder information, either through a search of its own records or those of another jurisdiction, the Department shall notify the owner, at the last known address of record, and any lienholder, at the last known address of record, of the intent to sell the vehicle, by certified mail, return receipt requested, and advise them to reclaim the vehicle and repay the debt owed within 15 days from the date the notice was sent. Such notice, when sent in accordance with these requirements, shall be sufficient regardless of whether or not it was ever received.\n\t\t\tFollowing the notice required in this subsection, if the vehicle remains unclaimed and the debt unpaid, the owner and all persons having security interest shall have waived all right, title, and interest in the vehicle, except to the extent that subsection B requires a surplus to be paid. The bailee shall notify the Department in a manner prescribed by the Commissioner within five business days if the vehicle is reclaimed and the debt paid. Should the bailee fail to notify the Department as required herein, and the Department must remove the administrative hold placed under subsection C at the request of the vehicle owner or lienholder, and upon submission of proof that the debt was paid and the vehicle reclaimed, the Department may impose and collect an administrative fee of $40 from the bailee for each such removal.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":205707,"text":"At the time the bailee notifies the Department of his intent to sell the motor vehicle, the bailee shall provide the intended date of sale at public auction, including the time, place, and terms of such sale. The intended date shall be at least 21 days after the date of notification. The Department shall post notice on behalf of the bailee for at least 21 days prior to the date of sale, advertising the time, place, and terms of the sale. Such 21-day posting period shall run concurrently with the 15-day reclamation period provided for in subsection D. Notifications and postings shall be in an electronic manner prescribed by the Commissioner and shall include the vehicle identification number and a description of each vehicle to be sold. No other postings or notices advertising the sale shall be required.\n\t\t\tUpon notice by the bailee that the vehicle will be sold, the Department shall provide a certification document in a manner prescribed by the Commissioner to the bailee. The bailee shall complete all applicable certification statements on the document and provide it to the buyer of the vehicle, who shall submit the document and an application to the Department in order to obtain a certificate of title for the vehicle. Upon receipt of a completed application and certification document, the Department shall issue a certificate of title to the buyer or a nonrepairable certificate, if requested, free of all prior liens and claims of ownership of others.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":205708,"text":"If the value of the vehicle is more than $12,500 but does not exceed $25,000, the bailee, after the notice is sent by the Department pursuant to subsection C, may apply by petition to any general district court of the county or city wherein the vehicle is, or, if the value of the vehicle exceeds $25,000, to the circuit court of the county or city, for the sale of the vehicle. No notice sent by the Department pursuant to this section shall substitute for service of process for any court proceeding. If the name of the owner cannot be ascertained, the name “John Doe” shall be substituted in any proceeding pursuant to this section.\n\t\t\tIf, 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 vehicle 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. No additional notifications or postings by the Department related to the sale shall be required.\n\t\t\tIf a court has ordered the sale of the vehicle, the bailee shall submit to the Department a copy of the court order in a manner prescribed by the Commissioner. Upon receipt, the Department shall provide a certification document to the bailee. The bailee and sheriff conducting the sale, or his authorized representative, shall complete all applicable certification statements on the document and provide it to the buyer of the vehicle, who shall submit the document and an application to the Department in order to obtain a certificate of title for the vehicle. Upon receipt of a completed application and certification document, the Department shall issue a certificate of title to the buyer or a nonrepairable certificate, if requested, free of all prior liens and claims of ownership of others.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":205709,"text":"In determining the value of the property as required by this section, the Commissioner shall use a recognized pricing guide and, in using such guide, shall use the trade-in value specified in such guide.\n\t\t\tHowever, the bailee may submit an independent appraisal and supporting documentation to show the accurate value of the vehicle in a manner prescribed by the Commissioner. Upon receipt, the Department shall update the vehicle record to reflect the value established by the independent appraisal and notify the bailee that enforcement under this section may proceed based on the new value.\n\t\t\tIf the Department is unable to determine a trade-in value for a vehicle, the Commissioner may establish guidelines for acceptable alternate valuation options to include independent appraisals and retail or loan values that may be available in online or printed pricing guides. The bailee may submit documentation pursuant to such guidelines in order to establish the value of the vehicle.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":205710,"text":"For a vehicle (i) for which neither the owner nor any other lienholder or secured party can be determined by the Department through a diligent search as required by this section, (ii) manufactured for a model year at least six years prior to the current model year, and (iii) having a value of no more than $4,500 as determined by the provisions of this section, a bailee may, after showing proof that the vehicle has been in his continuous custody for at least 30 days, apply for and receive from the Department of Motor Vehicles title or a nonrepairable certificate to such vehicle, free of all liens and claims of ownership of others, and proceed to sell or otherwise dispose of the vehicle.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":205711,"text":"Notwithstanding any provisions to the contrary, a bailee shall comply with the provisions of the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.) (the Act) when disposing of a vehicle owned by a member of the military on active duty or service. If the records of the Department show that the owner of the vehicle has indicated to the Department that he is on active military duty or service, such indicator shall be prima facie evidence that the vehicle is subject to the provisions of the Act. However, neither the presence nor absence of such indicator on the vehicle record shall absolve the bailee of his obligation to ascertain the owner’s military service status, if any, in accordance with the Act.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":205712,"text":"All fees imposed and collected pursuant to this section shall be paid into the state treasury and set aside as a special, nonreverting fund to be used to meet the expenses of the Department.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"10":{"id":205713,"text":"Residents or businesses of other jurisdictions in possession of vehicles titled in the Commonwealth, or the authorized agents of such residents or businesses, seeking to enforce laws in those jurisdictions that are substantially similar to the enforcement of liens under §§ 46.2-644.01 and 46.2-644.02 may request information for such vehicles from the Department. The Department shall conduct the information search as provided for in subsection C, provide the names and addresses of the owner and lienholder, if any, for each vehicle to the requester, and notify the named owner and lienholder, if any, by first-class mail of the request. Such notification shall not replace any notification requirements imposed by the jurisdiction in which the requester and subject vehicle are located, nor shall the enforcement rules of this section apply to vehicles not located within the Commonwealth. If the Department finds that the vehicle is titled in another jurisdiction, the Department shall identify that jurisdiction to the requester with no further obligation to the requester or vehicle owner. The Department shall collect a $25 fee for such search.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J"}},"ancestry":[{"id":12956,"edition_id":1,"name":"Titling Vehicles","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":12879,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":227953,"object_type":"structure","relational_id":12956,"identifier":"2","token":"46.2\/II\/6\/2","url":"\/46.2\/II\/6\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12879,"edition_id":1,"name":"Titling and Registration of Motor Vehicles","identifier":"6","label":"chapter","depth":3,"order_by":1,"parent_id":12771,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":226923,"object_type":"structure","relational_id":12879,"identifier":"6","token":"46.2\/II\/6","url":"\/46.2\/II\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12771,"edition_id":1,"name":"Titling, Registration and Licensure","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225627,"object_type":"structure","relational_id":12771,"identifier":"II","token":"46.2\/II","url":"\/46.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83979,"structure_id":12956,"section_number":"46.2-616","catch_line":"Acquiring vehicle from vendor who does not have certificate of title","url":"\/46.2-616\/","token":"46.2\/II\/6\/2\/46.2-616","metadata":false},{"id":86372,"structure_id":12956,"section_number":"46.2-617","catch_line":"Sale of vehicle without certificate of title","url":"\/46.2-617\/","token":"46.2\/II\/6\/2\/46.2-617","metadata":false},{"id":60178,"structure_id":12956,"section_number":"46.2-618","catch_line":"When unlawful to have in possession certificate of title issued to another; remedy of purchaser against persons in possession of title of vehicle purchased from dealer","url":"\/46.2-618\/","token":"46.2\/II\/6\/2\/46.2-618","metadata":false},{"id":72463,"structure_id":12956,"section_number":"46.2-619","catch_line":"New indicia of title; procedure as to leased vehicles","url":"\/46.2-619\/","token":"46.2\/II\/6\/2\/46.2-619","metadata":false},{"id":59012,"structure_id":12956,"section_number":"46.2-620","catch_line":"Period of validity of certificate of title","url":"\/46.2-620\/","token":"46.2\/II\/6\/2\/46.2-620","metadata":false},{"id":79969,"structure_id":12956,"section_number":"46.2-621","catch_line":"Application for certificate of title","url":"\/46.2-621\/","token":"46.2\/II\/6\/2\/46.2-621","metadata":false},{"id":65083,"structure_id":12956,"section_number":"46.2-621.1","catch_line":"Correcting errors in titling","url":"\/46.2-621.1\/","token":"46.2\/II\/6\/2\/46.2-621.1","metadata":false},{"id":61253,"structure_id":12956,"section_number":"46.2-622","catch_line":"Issuance of certificate of title in names of joint owners","url":"\/46.2-622\/","token":"46.2\/II\/6\/2\/46.2-622","metadata":false},{"id":74428,"structure_id":12956,"section_number":"46.2-623","catch_line":"Statements in application","url":"\/46.2-623\/","token":"46.2\/II\/6\/2\/46.2-623","metadata":false},{"id":67974,"structure_id":12956,"section_number":"46.2-624","catch_line":"Information required on vehicles damaged by water","url":"\/46.2-624\/","token":"46.2\/II\/6\/2\/46.2-624","metadata":false},{"id":69007,"structure_id":12956,"section_number":"46.2-625","catch_line":"Specially constructed, reconstructed, replica, converted electric, or foreign vehicles","url":"\/46.2-625\/","token":"46.2\/II\/6\/2\/46.2-625","metadata":false},{"id":64146,"structure_id":12956,"section_number":"46.2-626","catch_line":"Repealed","url":"\/46.2-626\/","token":"46.2\/II\/6\/2\/46.2-626","metadata":false},{"id":75060,"structure_id":12956,"section_number":"46.2-626.1","catch_line":"Motorcycle purchased by manufacturer for parts; documentation required for sale of parts","url":"\/46.2-626.1\/","token":"46.2\/II\/6\/2\/46.2-626.1","metadata":false},{"id":85078,"structure_id":12956,"section_number":"46.2-627","catch_line":"Fee for certificate of title; use in special fund","url":"\/46.2-627\/","token":"46.2\/II\/6\/2\/46.2-627","metadata":false},{"id":71729,"structure_id":12956,"section_number":"46.2-628","catch_line":"How certificate of title transferred","url":"\/46.2-628\/","token":"46.2\/II\/6\/2\/46.2-628","metadata":false},{"id":69663,"structure_id":12956,"section_number":"46.2-629","catch_line":"Odometer reading to be reported on certificate of title, application, or power of attorney","url":"\/46.2-629\/","token":"46.2\/II\/6\/2\/46.2-629","metadata":false},{"id":56148,"structure_id":12956,"section_number":"46.2-630","catch_line":"Transfer and application for certificate of title forwarded to Department","url":"\/46.2-630\/","token":"46.2\/II\/6\/2\/46.2-630","metadata":false},{"id":62224,"structure_id":12956,"section_number":"46.2-631","catch_line":"When transferred certificate of title need not be forwarded","url":"\/46.2-631\/","token":"46.2\/II\/6\/2\/46.2-631","metadata":false},{"id":66534,"structure_id":12956,"section_number":"46.2-631.1","catch_line":"Electronic sales by dealers; titling","url":"\/46.2-631.1\/","token":"46.2\/II\/6\/2\/46.2-631.1","metadata":false},{"id":63795,"structure_id":12956,"section_number":"46.2-632","catch_line":"Transfer when certificate of title lost","url":"\/46.2-632\/","token":"46.2\/II\/6\/2\/46.2-632","metadata":false},{"id":72419,"structure_id":12956,"section_number":"46.2-633","catch_line":"Transfer of title by operation of law","url":"\/46.2-633\/","token":"46.2\/II\/6\/2\/46.2-633","metadata":false},{"id":59621,"structure_id":12956,"section_number":"46.2-633.1","catch_line":"Sale in Virginia of vehicle repossessed in another state","url":"\/46.2-633.1\/","token":"46.2\/II\/6\/2\/46.2-633.1","metadata":false},{"id":71623,"structure_id":12956,"section_number":"46.2-633.2","catch_line":"Transfer of title on death","url":"\/46.2-633.2\/","token":"46.2\/II\/6\/2\/46.2-633.2","metadata":false},{"id":71249,"structure_id":12956,"section_number":"46.2-634","catch_line":"Transfer of title when no qualification on estate","url":"\/46.2-634\/","token":"46.2\/II\/6\/2\/46.2-634","metadata":false},{"id":80251,"structure_id":12956,"section_number":"46.2-635","catch_line":"Surrender of certificates for vehicles to be demolished; securing new title certificates","url":"\/46.2-635\/","token":"46.2\/II\/6\/2\/46.2-635","metadata":false},{"id":86490,"structure_id":12956,"section_number":"46.2-636","catch_line":"Certificate to show security interests","url":"\/46.2-636\/","token":"46.2\/II\/6\/2\/46.2-636","metadata":false},{"id":60463,"structure_id":12956,"section_number":"46.2-636.1","catch_line":"Security interests in farm tractors and special construction and forestry equipment","url":"\/46.2-636.1\/","token":"46.2\/II\/6\/2\/46.2-636.1","metadata":false},{"id":55770,"structure_id":12956,"section_number":"46.2-637","catch_line":"Security interests subsequently created","url":"\/46.2-637\/","token":"46.2\/II\/6\/2\/46.2-637","metadata":false},{"id":59161,"structure_id":12956,"section_number":"46.2-638","catch_line":"Certificate as notice of security interest","url":"\/46.2-638\/","token":"46.2\/II\/6\/2\/46.2-638","metadata":false},{"id":64135,"structure_id":12956,"section_number":"46.2-639","catch_line":"Security interest may be filed within thirty days after purchase","url":"\/46.2-639\/","token":"46.2\/II\/6\/2\/46.2-639","metadata":false},{"id":66722,"structure_id":12956,"section_number":"46.2-640","catch_line":"Priority of security interests shown on certificates of title","url":"\/46.2-640\/","token":"46.2\/II\/6\/2\/46.2-640","metadata":false},{"id":85614,"structure_id":12956,"section_number":"46.2-640.1","catch_line":"Vehicle leases that are not sales or security interests","url":"\/46.2-640.1\/","token":"46.2\/II\/6\/2\/46.2-640.1","metadata":false},{"id":78295,"structure_id":12956,"section_number":"46.2-641","catch_line":"Who to hold certificate of title subject to security interest","url":"\/46.2-641\/","token":"46.2\/II\/6\/2\/46.2-641","metadata":false},{"id":61531,"structure_id":12956,"section_number":"46.2-642","catch_line":"Release of security interest shown on certificate of title","url":"\/46.2-642\/","token":"46.2\/II\/6\/2\/46.2-642","metadata":false},{"id":54050,"structure_id":12956,"section_number":"46.2-643","catch_line":"Surrender of certificate of title required when security interest paid","url":"\/46.2-643\/","token":"46.2\/II\/6\/2\/46.2-643","metadata":false},{"id":82679,"structure_id":12956,"section_number":"46.2-644","catch_line":"Levy of execution","url":"\/46.2-644\/","token":"46.2\/II\/6\/2\/46.2-644","metadata":false},{"id":71754,"structure_id":12956,"section_number":"46.2-644.01","catch_line":"Lien of keeper of vehicles","url":"\/46.2-644.01\/","token":"46.2\/II\/6\/2\/46.2-644.01","metadata":false},{"id":78093,"structure_id":12956,"section_number":"46.2-644.02","catch_line":"Lien of mechanic for repairs","url":"\/46.2-644.02\/","token":"46.2\/II\/6\/2\/46.2-644.02","metadata":false},{"id":56129,"structure_id":12956,"section_number":"46.2-644.03","catch_line":"Enforcement of liens acquired under \u00a7\u00a7 46.2-644.01 and 46.2-644.02","url":"\/46.2-644.03\/","token":"46.2\/II\/6\/2\/46.2-644.03","metadata":false},{"id":67489,"structure_id":12956,"section_number":"46.2-644.04","catch_line":"Relinquishment of liens acquired under \u00a7\u00a7 46.2-644.01 and 46.2-644.02","url":"\/46.2-644.04\/","token":"46.2\/II\/6\/2\/46.2-644.04","metadata":false}],"previous_section":{"id":78093,"structure_id":12956,"section_number":"46.2-644.02","catch_line":"Lien of mechanic for repairs","url":"\/46.2-644.02\/","token":"46.2\/II\/6\/2\/46.2-644.02","metadata":false},"next_section":{"id":67489,"structure_id":12956,"section_number":"46.2-644.04","catch_line":"Relinquishment of liens acquired under \u00a7\u00a7 46.2-644.01 and 46.2-644.02","url":"\/46.2-644.04\/","token":"46.2\/II\/6\/2\/46.2-644.04","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-644.03\/","history_text":"

This law was first created in 2009. The record of its establishment is cataloged in chapter 664<\/a> 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. It has been modified 5 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 2011, chapters 14<\/a> and 702<\/a>; in 2014, chapter 339<\/a>; in 2015, chapter 640<\/a>; in 2016, chapter 397<\/a>; in 2019, chapter 560<\/a>.<\/p>","references":[{"id":81284,"section_number":"46.2-1231.2","catch_line":"Attorney fees and costs; towing and recovery operators","order_by":null,"url":"\/46.2-1231.2\/"},{"id":86372,"section_number":"46.2-617","catch_line":"Sale of vehicle without certificate of title","order_by":null,"url":"\/46.2-617\/"},{"id":72419,"section_number":"46.2-633","catch_line":"Transfer of title by operation of law","order_by":null,"url":"\/46.2-633\/"},{"id":71754,"section_number":"46.2-644.01","catch_line":"Lien of keeper of vehicles","order_by":null,"url":"\/46.2-644.01\/"},{"id":78093,"section_number":"46.2-644.02","catch_line":"Lien of mechanic for repairs","order_by":null,"url":"\/46.2-644.02\/"},{"id":67489,"section_number":"46.2-644.04","catch_line":"Relinquishment of liens acquired under \u00a7\u00a7 46.2-644.01 and 46.2-644.02","order_by":null,"url":"\/46.2-644.04\/"},{"id":80376,"section_number":"54.1-601","catch_line":"Exemptions","order_by":null,"url":"\/54.1-601\/"}],"refers_to":[{"id":71754,"section_number":"46.2-644.01","catch_line":"Lien of keeper of vehicles","order_by":null,"url":"\/46.2-644.01\/"},{"id":78093,"section_number":"46.2-644.02","catch_line":"Lien of mechanic for repairs","order_by":null,"url":"\/46.2-644.02\/"}],"permalink":{"id":228107,"object_type":"law","relational_id":56129,"identifier":"46.2-644.03","token":"46.2\/II\/6\/2\/46.2-644.03","url":"\/46.2-644.03\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-644.03\/","token":"46.2\/II\/6\/2\/46.2-644.03","dublin_core":{"Title":"Enforcement of liens acquired under \u00a7\u00a7 46.2-644.01 and 46.2-644.02","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-644.03","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section:\n\t\t\t“Bailee<\/span>” means anyone who has one or more liens<\/span> under § 46.2-644.01<\/a> or 46.2-644.02<\/a>.\n\t\t\t“Independent appraisal<\/span>” means an estimate for the value of a motor vehicle<\/span> prepared by an individual or business that (i) has all required business licenses and zoning approvals and (ii) is either a licensed appraiser in another state or a business authorized by an insurance company to prepare insurance appraisals. “Independent appraisal<\/span>” does not include an estimate prepared by an individual or business with a financial interest in the bailee<\/span>’s business. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any bailee<\/span> eligible to enforce a lien<\/span> under § 46.2-644.01<\/a> or 46.2-644.02<\/a>, if the value of the vehicle affected by the lien<\/span> does not exceed $12,500, may sell such vehicle by public auction, for cash, in accordance with the provisions of this section. 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 of record, and then to the owner<\/span> of the vehicle, provided such lienholder or owner<\/span> contacts the bailee<\/span> prior to the sale to claim any surplus that may result. If such claim is made by the lienholder or owner<\/span> within 30 days following the sale, the surplus shall be paid within 30 days of the claim. If no claim to the surplus is made within 30 days of the sale, or if the owner<\/span> or lienholder cannot be ascertained by the Department<\/span>, the bailee<\/span> shall be entitled to keep the surplus. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Before any lien<\/span> may be enforced under this section, the bailee<\/span> or his authorized agent<\/span> shall initiate with the Department<\/span>, in a manner prescribed by the Commissioner<\/span>, a search for the owner<\/span> and lienholder of record for the vehicle, the names and addresses of which if found shall be provided to the bailee<\/span>. Any bailee<\/span> or authorized agent<\/span> who initiates more than five such requests within any 12-month period shall enter into an agreement with the Department<\/span> to initiate requests and receive responses electronically.\n\t\t\tThe Department<\/span> shall check (i) its own records, (ii) the records of a nationally recognized crime<\/span> database, and (iii) records of a nationally recognized motor vehicle<\/span> title database for owner<\/span> and lienholder information. If a vehicle has been reported stolen, the Department<\/span> shall notify the appropriate law<\/span>-enforcement agency of that fact<\/span>. If a vehicle is found to have been titled in another jurisdiction<\/span>, the Department<\/span> shall contact that jurisdiction<\/span> to ascertain the requested information and provide it to the bailee<\/span>. At the time of the search, the Department<\/span> shall also determine the value of the vehicle, using the trade-in value specified in a recognized pricing guide, and, for a vehicle titled in the Commonwealth, whether the records of the Department<\/span> show that the owner<\/span> of the vehicle has indicated that he is on active military duty or service. The Department<\/span> shall include such information in the response to the request for vehicle information.\n\t\t\tAfter responding to the request for vehicle information, the Department<\/span> shall notify the owner<\/span> and any lienholder of record of the request by first-class mail to the address provided on the vehicle record held by the Department<\/span> or by the jurisdiction<\/span> in which the vehicle is titled. Such notice shall include the name and contact information of the bailee<\/span> and any terms for reclaiming the vehicle, as well as any additional information the Commissioner<\/span> determines to be necessary.\n\t\t\tNo notice by the Department<\/span> shall be required if no record for the vehicle can be found or, in the case of a vehicle titled in another jurisdiction<\/span>, the other jurisdiction<\/span> refuses to release the requested vehicle information to the Department<\/span>. In either situation, the bailee<\/span> may continue with lien<\/span> enforcement under this section. However, if a vehicle record exists in another jurisdiction<\/span>, the bailee<\/span> shall assume all liability for proceeding with such enforcement without written notice to the owner<\/span> and\/or lienholder of record.\n\t\t\tFor every vehicle subject to a record search as provided for in this section, if the record for the vehicle is held by the Department<\/span>, the Department<\/span> shall place an administrative hold on the vehicle record until the bailee<\/span> reports to the Department<\/span> that the vehicle has been reclaimed or sold pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any bailee<\/span> enforcing a lien<\/span> in accordance with this section shall notify the Department<\/span> of his intent<\/span> to sell the vehicle in a manner prescribed by the Commissioner<\/span>. A $40 fee shall be paid to the Department<\/span> at the time of notice. Upon receipt of such notice and fee, the Department<\/span> shall repeat the vehicle record search prescribed in subsection A for the purpose of confirming the most recent owner<\/span> and lienholder information for the vehicle.\n\t\t\tIf the Department<\/span> confirms owner<\/span> or lienholder information, either through a search of its own records or those of another jurisdiction<\/span>, the Department<\/span> shall notify the owner<\/span>, at the last known address of record, and any lienholder, at the last known address of record, of the intent<\/span> to sell the vehicle, by certified mail, return receipt requested, and advise them to reclaim the vehicle and repay the debt owed within 15 days from the date the notice was sent. Such notice, when sent in accordance with these requirements, shall be sufficient regardless of whether or not it was ever received.\n\t\t\tFollowing the notice required in this subsection, if the vehicle remains unclaimed and the debt unpaid, the owner<\/span> and all persons having security interest shall have waived all right, title, and interest in the vehicle, except to the extent that subsection B requires a surplus to be paid. The bailee<\/span> shall notify the Department<\/span> in a manner prescribed by the Commissioner<\/span> within five business days if the vehicle is reclaimed and the debt paid. Should the bailee<\/span> fail to notify the Department<\/span> as required herein, and the Department<\/span> must remove the administrative hold placed under subsection C at the request of the vehicle owner<\/span> or lienholder, and upon submission of proof that the debt was paid and the vehicle reclaimed, the Department<\/span> may impose and collect an administrative fee of $40 from the bailee<\/span> for each such removal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> At the time the bailee<\/span> notifies the Department<\/span> of his intent<\/span> to sell the motor vehicle<\/span>, the bailee<\/span> shall provide the intended date of sale at public auction, including the time, place, and terms of such sale. The intended date shall be at least 21 days after the date of notification. The Department<\/span> shall post notice on behalf of the bailee<\/span> for at least 21 days prior to the date of sale, advertising the time, place, and terms of the sale. Such 21-day posting period shall run concurrently with the 15-day reclamation period provided for in subsection D. Notifications and postings shall be in an electronic manner prescribed by the Commissioner<\/span> and shall include the vehicle identification number and a description of each vehicle to be sold. No other postings or notices advertising the sale shall be required.\n\t\t\tUpon notice by the bailee<\/span> that the vehicle will be sold, the Department<\/span> shall provide a certification document in a manner prescribed by the Commissioner<\/span> to the bailee<\/span>. The bailee<\/span> shall complete all applicable certification statements on the document and provide it to the buyer of the vehicle, who shall submit the document and an application to the Department<\/span> in order<\/span> to obtain a certificate of title for the vehicle. Upon receipt of a completed application and certification document, the Department<\/span> shall issue<\/span> a certificate of title to the buyer or a nonrepairable certificate, if requested, free of all prior liens<\/span> and claims of ownership of others. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If the value of the vehicle is more than $12,500 but does not exceed $25,000, the bailee<\/span>, after the notice is sent by the Department<\/span> pursuant to subsection C, may apply by petition<\/span> to any general district court of the county or city wherein the vehicle is, or, if the value of the vehicle exceeds $25,000, to the circuit<\/span> court of the county or city, for the sale of the vehicle. No notice sent by the Department<\/span> pursuant to this section shall substitute for service of process<\/span> for any court proceeding. If the name of the owner<\/span> cannot be ascertained, the name “John Doe” shall be substituted in any proceeding pursuant to this section.\n\t\t\tIf, 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 is satisfied that the debt and lien<\/span> are established and the vehicle 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<\/span>. No additional notifications or postings by the Department<\/span> related to the sale shall be required.\n\t\t\tIf a court has ordered the sale of the vehicle, the bailee<\/span> shall submit to the Department<\/span> a copy of the court order<\/span> in a manner prescribed by the Commissioner<\/span>. Upon receipt, the Department<\/span> shall provide a certification document to the bailee<\/span>. The bailee<\/span> and sheriff conducting the sale, or his authorized representative, shall complete all applicable certification statements on the document and provide it to the buyer of the vehicle, who shall submit the document and an application to the Department<\/span> in order to obtain a certificate of title for the vehicle. Upon receipt of a completed application and certification document, the Department<\/span> shall issue<\/span> a certificate of title to the buyer or a nonrepairable certificate, if requested, free of all prior liens<\/span> and claims of ownership of others. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> In determining the value of the property as required by this section, the Commissioner<\/span> shall use a recognized pricing guide and, in using such guide, shall use the trade-in value specified in such guide.\n\t\t\tHowever, the bailee<\/span> may submit an independent appraisal<\/span> and supporting documentation to show the accurate value of the vehicle in a manner prescribed by the Commissioner<\/span>. Upon receipt, the Department<\/span> shall update the vehicle record to reflect the value established by the independent appraisal<\/span> and notify the bailee<\/span> that enforcement under this section may proceed based on the new value.\n\t\t\tIf the Department<\/span> is unable to determine a trade-in value for a vehicle, the Commissioner<\/span> may establish guidelines for acceptable alternate valuation options to include independent appraisals<\/span> and retail or loan values that may be available in online or printed pricing guides. The bailee<\/span> may submit documentation pursuant to such guidelines in order to establish the value of the vehicle. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> For a vehicle (i) for which neither the owner<\/span> nor any other lienholder or secured party<\/span> can be determined by the Department<\/span> through a diligent search as required by this section, (ii) manufactured for a model year at least six years prior to the current model year, and (iii) having a value of no more than $4,500 as determined by the provisions of this section, a bailee<\/span> may, after showing proof that the vehicle has been in his continuous custody<\/span> for at least 30 days, apply for and receive from the Department<\/span> of Motor Vehicles<\/span> title or a nonrepairable certificate to such vehicle, free of all liens<\/span> and claims of ownership of others, and proceed to sell or otherwise dispose of the vehicle. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Notwithstanding any provisions to the contrary, a bailee<\/span> shall comply with the provisions of the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.) (the Act) when disposing of a vehicle owned by a member of the military on active duty or service. If the records of the Department<\/span> show that the owner<\/span> of the vehicle has indicated to the Department<\/span> that he is on active military duty or service, such indicator shall be prima facie evidence<\/span> that the vehicle is subject to the provisions of the Act. However, neither the presence nor absence of such indicator on the vehicle record shall absolve the bailee<\/span> of his obligation to ascertain the owner<\/span>’s military service status, if any, in accordance with the Act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> All fees imposed and collected pursuant to this section shall be paid into the state treasury and set aside as a special, nonreverting fund to be used to meet the expenses of the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> Residents or businesses of other jurisdictions<\/span> in possession<\/span> of vehicles titled in the Commonwealth, or the authorized agents<\/span> of such residents or businesses, seeking to enforce laws<\/span> in those jurisdictions<\/span> that are substantially similar to the enforcement of liens<\/span> under §§ 46.2-644.01<\/a> and 46.2-644.02<\/a> may request information for such vehicles from the Department<\/span>. The Department<\/span> shall conduct the information search as provided for in subsection C, provide the names and addresses of the owner<\/span> and lienholder, if any, for each vehicle to the requester, and notify the named owner<\/span> and lienholder, if any, by first-class mail of the request. Such notification shall not replace any notification requirements imposed by the jurisdiction<\/span> in which the requester and subject vehicle are located, nor shall the enforcement rules of this section apply to vehicles not located within the Commonwealth. If the Department<\/span> finds that the vehicle is titled in another jurisdiction<\/span>, the Department<\/span> shall identify that jurisdiction<\/span> to the requester with no further obligation to the requester or vehicle owner<\/span>. The Department<\/span> shall collect a $25 fee for such search. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENFORCEMENT OF LIENS ACQUIRED UNDER \u00a7\u00a7 46.2-644.01 AND 46.2-644.02 (\u00a7\n46.2-644.03)\n\nA. For the purposes of this section:\n\t\t\t“Bailee” means anyone who has one or more liens under §\n46.2-644.01 or 46.2-644.02.\n\t\t\t“Independent appraisal” means an estimate for the value of a\nmotor vehicle prepared by an individual or business that (i) has all required\nbusiness licenses and zoning approvals and (ii) is either a licensed appraiser\nin another state or a business authorized by an insurance company to prepare\ninsurance appraisals. “Independent appraisal” does not include an\nestimate prepared by an individual or business with a financial interest in the\nbailee’s business.\n\nB. Any bailee eligible to enforce a lien under § 46.2-644.01 or\n46.2-644.02, if the value of the vehicle affected by the lien does not exceed\n$12,500, may sell such vehicle by public auction, for cash, in accordance with\nthe provisions of this section. The proceeds shall be applied to the\nsatisfaction of the debt and expenses of sale, and the surplus, if any, shall be\npaid within 30 days of the sale to any lienholder of record, and then to the\nowner of the vehicle, provided such lienholder or owner contacts the bailee\nprior to the sale to claim any surplus that may result. If such claim is made by\nthe lienholder or owner within 30 days following the sale, the surplus shall be\npaid within 30 days of the claim. If no claim to the surplus is made within 30\ndays of the sale, or if the owner or lienholder cannot be ascertained by the\nDepartment, the bailee shall be entitled to keep the surplus.\n\nC. Before any lien may be enforced under this section, the bailee or his\nauthorized agent shall initiate with the Department, in a manner prescribed by\nthe Commissioner, a search for the owner and lienholder of record for the\nvehicle, the names and addresses of which if found shall be provided to the\nbailee. Any bailee or authorized agent who initiates more than five such\nrequests within any 12-month period shall enter into an agreement with the\nDepartment to initiate requests and receive responses electronically.\n\t\t\tThe Department shall check (i) its own records, (ii) the records of a\nnationally recognized crime database, and (iii) records of a nationally\nrecognized motor vehicle title database for owner and lienholder information. If\na vehicle has been reported stolen, the Department shall notify the appropriate\nlaw-enforcement agency of that fact. If a vehicle is found to have been titled\nin another jurisdiction, the Department shall contact that jurisdiction to\nascertain the requested information and provide it to the bailee. At the time of\nthe search, the Department shall also determine the value of the vehicle, using\nthe trade-in value specified in a recognized pricing guide, and, for a vehicle\ntitled in the Commonwealth, whether the records of the Department show that the\nowner of the vehicle has indicated that he is on active military duty or\nservice. The Department shall include such information in the response to the\nrequest for vehicle information.\n\t\t\tAfter responding to the request for vehicle information, the Department shall\nnotify the owner and any lienholder of record of the request by first-class mail\nto the address provided on the vehicle record held by the Department or by the\njurisdiction in which the vehicle is titled. Such notice shall include the name\nand contact information of the bailee and any terms for reclaiming the vehicle,\nas well as any additional information the Commissioner determines to be\nnecessary.\n\t\t\tNo notice by the Department shall be required if no record for the vehicle\ncan be found or, in the case of a vehicle titled in another jurisdiction, the\nother jurisdiction refuses to release the requested vehicle information to the\nDepartment. In either situation, the bailee may continue with lien enforcement\nunder this section. However, if a vehicle record exists in another jurisdiction,\nthe bailee shall assume all liability for proceeding with such enforcement\nwithout written notice to the owner and\/or lienholder of record.\n\t\t\tFor every vehicle subject to a record search as provided for in this section,\nif the record for the vehicle is held by the Department, the Department shall\nplace an administrative hold on the vehicle record until the bailee reports to\nthe Department that the vehicle has been reclaimed or sold pursuant to this\nsection.\n\nD. Any bailee enforcing a lien in accordance with this section shall notify the\nDepartment of his intent to sell the vehicle in a manner prescribed by the\nCommissioner. A $40 fee shall be paid to the Department at the time of notice.\nUpon receipt of such notice and fee, the Department shall repeat the vehicle\nrecord search prescribed in subsection A for the purpose of confirming the most\nrecent owner and lienholder information for the vehicle.\n\t\t\tIf the Department confirms owner or lienholder information, either through a\nsearch of its own records or those of another jurisdiction, the Department shall\nnotify the owner, at the last known address of record, and any lienholder, at\nthe last known address of record, of the intent to sell the vehicle, by\ncertified mail, return receipt requested, and advise them to reclaim the vehicle\nand repay the debt owed within 15 days from the date the notice was sent. Such\nnotice, when sent in accordance with these requirements, shall be sufficient\nregardless of whether or not it was ever received.\n\t\t\tFollowing the notice required in this subsection, if the vehicle remains\nunclaimed and the debt unpaid, the owner and all persons having security\ninterest shall have waived all right, title, and interest in the vehicle, except\nto the extent that subsection B requires a surplus to be paid. The bailee shall\nnotify the Department in a manner prescribed by the Commissioner within five\nbusiness days if the vehicle is reclaimed and the debt paid. Should the bailee\nfail to notify the Department as required herein, and the Department must remove\nthe administrative hold placed under subsection C at the request of the vehicle\nowner or lienholder, and upon submission of proof that the debt was paid and the\nvehicle reclaimed, the Department may impose and collect an administrative fee\nof $40 from the bailee for each such removal.\n\nE. At the time the bailee notifies the Department of his intent to sell the\nmotor vehicle, the bailee shall provide the intended date of sale at public\nauction, including the time, place, and terms of such sale. The intended date\nshall be at least 21 days after the date of notification. The Department shall\npost notice on behalf of the bailee for at least 21 days prior to the date of\nsale, advertising the time, place, and terms of the sale. Such 21-day posting\nperiod shall run concurrently with the 15-day reclamation period provided for in\nsubsection D. Notifications and postings shall be in an electronic manner\nprescribed by the Commissioner and shall include the vehicle identification\nnumber and a description of each vehicle to be sold. No other postings or\nnotices advertising the sale shall be required.\n\t\t\tUpon notice by the bailee that the vehicle will be sold, the Department shall\nprovide a certification document in a manner prescribed by the Commissioner to\nthe bailee. The bailee shall complete all applicable certification statements on\nthe document and provide it to the buyer of the vehicle, who shall submit the\ndocument and an application to the Department in order to obtain a certificate\nof title for the vehicle. Upon receipt of a completed application and\ncertification document, the Department shall issue a certificate of title to the\nbuyer or a nonrepairable certificate, if requested, free of all prior liens and\nclaims of ownership of others.\n\nF. If the value of the vehicle is more than $12,500 but does not exceed $25,000,\nthe bailee, after the notice is sent by the Department pursuant to subsection C,\nmay apply by petition to any general district court of the county or city\nwherein the vehicle is, or, if the value of the vehicle exceeds $25,000, to the\ncircuit court of the county or city, for the sale of the vehicle. No notice sent\nby the Department pursuant to this section shall substitute for service of\nprocess for any court proceeding. If the name of the owner cannot be\nascertained, the name “John Doe” shall be substituted in any\nproceeding pursuant to this section.\n\t\t\tIf, on the hearing of the case on the petition, the defense, if any made\nthereto, and such evidence as may be adduced by the parties respectively, the\ncourt is satisfied that the debt and lien are established and the vehicle should\nbe sold to pay the debt, the court shall order the sale to be made by the\nsheriff of the county or city. The sheriff shall make the same and apply and\ndispose of the proceeds in the same manner as if the sale were made under a writ\nof fieri facias. No additional notifications or postings by the Department\nrelated to the sale shall be required.\n\t\t\tIf a court has ordered the sale of the vehicle, the bailee shall submit to\nthe Department a copy of the court order in a manner prescribed by the\nCommissioner. Upon receipt, the Department shall provide a certification\ndocument to the bailee. The bailee and sheriff conducting the sale, or his\nauthorized representative, shall complete all applicable certification\nstatements on the document and provide it to the buyer of the vehicle, who shall\nsubmit the document and an application to the Department in order to obtain a\ncertificate of title for the vehicle. Upon receipt of a completed application\nand certification document, the Department shall issue a certificate of title to\nthe buyer or a nonrepairable certificate, if requested, free of all prior liens\nand claims of ownership of others.\n\nG. In determining the value of the property as required by this section, the\nCommissioner shall use a recognized pricing guide and, in using such guide,\nshall use the trade-in value specified in such guide.\n\t\t\tHowever, the bailee may submit an independent appraisal and supporting\ndocumentation to show the accurate value of the vehicle in a manner prescribed\nby the Commissioner. Upon receipt, the Department shall update the vehicle\nrecord to reflect the value established by the independent appraisal and notify\nthe bailee that enforcement under this section may proceed based on the new\nvalue.\n\t\t\tIf the Department is unable to determine a trade-in value for a vehicle, the\nCommissioner may establish guidelines for acceptable alternate valuation options\nto include independent appraisals and retail or loan values that may be\navailable in online or printed pricing guides. The bailee may submit\ndocumentation pursuant to such guidelines in order to establish the value of the\nvehicle.\n\nH. For a vehicle (i) for which neither the owner nor any other lienholder or\nsecured party can be determined by the Department through a diligent search as\nrequired by this section, (ii) manufactured for a model year at least six years\nprior to the current model year, and (iii) having a value of no more than $4,500\nas determined by the provisions of this section, a bailee may, after showing\nproof that the vehicle has been in his continuous custody for at least 30 days,\napply for and receive from the Department of Motor Vehicles title or a\nnonrepairable certificate to such vehicle, free of all liens and claims of\nownership of others, and proceed to sell or otherwise dispose of the vehicle.\n\nI. Notwithstanding any provisions to the contrary, a bailee shall comply with\nthe provisions of the federal Servicemembers Civil Relief Act (50 U.S.C. §\n3901 et seq.) (the Act) when disposing of a vehicle owned by a member of the\nmilitary on active duty or service. If the records of the Department show that\nthe owner of the vehicle has indicated to the Department that he is on active\nmilitary duty or service, such indicator shall be prima facie evidence that the\nvehicle is subject to the provisions of the Act. However, neither the presence\nnor absence of such indicator on the vehicle record shall absolve the bailee of\nhis obligation to ascertain the owner’s military service status, if any,\nin accordance with the Act.\n\nJ. All fees imposed and collected pursuant to this section shall be paid into\nthe state treasury and set aside as a special, nonreverting fund to be used to\nmeet the expenses of the Department.\n\nK. Residents or businesses of other jurisdictions in possession of vehicles\ntitled in the Commonwealth, or the authorized agents of such residents or\nbusinesses, seeking to enforce laws in those jurisdictions that are\nsubstantially similar to the enforcement of liens under §§ 46.2-644.01\nand 46.2-644.02 may request information for such vehicles from the Department.\nThe Department shall conduct the information search as provided for in\nsubsection C, provide the names and addresses of the owner and lienholder, if\nany, for each vehicle to the requester, and notify the named owner and\nlienholder, if any, by first-class mail of the request. Such notification shall\nnot replace any notification requirements imposed by the jurisdiction in which\nthe requester and subject vehicle are located, nor shall the enforcement rules\nof this section apply to vehicles not located within the Commonwealth. If the\nDepartment finds that the vehicle is titled in another jurisdiction, the\nDepartment shall identify that jurisdiction to the requester with no further\nobligation to the requester or vehicle owner. The Department shall collect a $25\nfee for such search.\n\nHISTORY: 2009, c. 664; 2011, cc. 14, 702; 2014, c. 339; 2015, c. 640; 2016, c.\n397; 2019, c. 560; 2021, Sp. Sess. I, c. 374.","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}}