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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>55384</law_id><section_number>43-34</section_number><catch_line>Enforcement of liens acquired under &#xA7;&#xA7; 43-31 through 43-33 and of liens of bailees</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>29.1-733.20</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="43">Mechanics' and Certain Other Liens</unit><unit label="chapter" level="2" order_by="1" identifier="4">Liens of Innkeepers, Livery Stable, Garage and Marina Keepers, Mechanics and Bailees</unit></structure><text>
						<section><p>For the purposes of this section, &#x201C;public place&#x201D; means a premises owned by the Commonwealth or a political subdivision thereof, or an agency of either, that is open to the general public.
		Any person having a <span class="dictionary">lien</span> under &#xA7;&#xA7;&#xA0;<a class="law" title="Lien of innkeepers, etc" href="/43-31/">43-31</a> through <a class="law" title="Lien of mechanic for repairs" href="/43-33/">43-33</a> and any bailee, except where otherwise provided, having a <span class="dictionary">lien</span> as such at <span class="dictionary">common law</span> on personal property in his <span class="dictionary">possession</span> that he has no power to sell for the satisfaction of the <span class="dictionary">lien</span>, if the debt for which the <span class="dictionary">lien</span> exists is not paid within 10 days after it is due and the value of the property affected by the <span class="dictionary">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.
		Before 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&#x2019; prior notice shall be given to any secured <span class="dictionary">party</span> who has filed a financing statement against the property, and written notice shall be given to the owner as hereinafter provided.
		If the value of the property is more than $10,000 but does not exceed $25,000, the <span class="dictionary">party</span> having the <span class="dictionary">lien</span>, after giving notice as herein provided, may apply by <span class="dictionary">petition</span> to any general district <span class="dictionary">court</span> of the county or city wherein the property is, or, if the value of the property exceeds $25,000, to the <span class="dictionary">circuit</span> <span class="dictionary">court</span> of the county or city, for the sale of the property. If, on the <span class="dictionary">hearing</span> of the case on the <span class="dictionary">petition</span>, the defense, if any made thereto, and such <span class="dictionary">evidence</span> as may be adduced by the parties respectively, the <span class="dictionary">court</span> is satisfied that the debt and <span class="dictionary">lien</span> are established and the property should be sold to pay the debt, the <span class="dictionary">court</span> shall <span class="dictionary">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 <span class="dictionary">writ of fieri facias</span>.
		If the owner of the property is a resident of the Commonwealth, any notice required by this section may be served as provided in &#xA7;&#xA0;<a class="law" title="Manner of serving process upon natural persons" href="/8.01-296/">8.01-296</a> or, if the sale is to be made without resort to the <span class="dictionary">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></text><history>Code 1919, &#xA7; 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.</history><metadata></metadata></law>
