                                 CODE OF VIRGINIA

NOTICE OF SEIZURE FOR FORFEITURE AND NOTICE OF MOTION FOR JUDGMENT (§
19.2-386.3)

A. If an information has not been filed, then upon seizure of any property under
Chapter 22.2 (&#xA7; 19.2-386.15 et seq.) or other provision under the Code, the
agency seizing the property shall forthwith notify in writing the attorney for
the Commonwealth in the county or city in which the seizure occurred, who shall,
within 21 days of receipt of such notice, file a notice of seizure for
forfeiture with the clerk of the circuit court. Such notice of seizure for
forfeiture shall specifically describe the property seized, set forth in general
terms the grounds for seizure, identify the date on which the seizure occurred,
and identify all owners and lien holders then known or of record, including the
treasurer of the locality in which the seized property is located. The clerk
shall forthwith mail by first-class mail notice of seizure for forfeiture to the
last known address of all identified owners and lien holders. When property has
been seized under Chapter 22.2 (&#xA7; 19.2-386.15 et seq.) or other provision
under the Code prior to filing an information, then an information against that
property shall be filed within 90 days of the date of seizure or the property
shall be released to the owner or lien holder.

B. Except as to corporations, all parties defendant shall be served, in
accordance with &#xA7; 8.01-296, with a copy of the information and a notice to
appear prior to any motion for default judgment on the information. The notice
shall contain a statement warning the party defendant that his interest in the
property shall be subject to forfeiture to the Commonwealth unless within 30
days after service on him of the notice, or before the date set forth in the
order of publication with respect to the notice, an answer under oath is filed
in the proceeding setting forth (i) the nature of the defendant&#8217;s claim,
(ii) the exact right, title or character of the ownership or interest in the
property and the evidence thereof, and (iii) the reason, cause, exemption or
defense he may have against the forfeiture of his interest in the property,
including but not limited to the exemptions set forth in &#xA7; 19.2-386.8.
Service upon corporations shall be made in accordance with &#xA7; 8.01-299 or
subdivision 1 or 2 of &#xA7; 8.01-301; however, if such service cannot be thus
made, it shall be made by publication in accordance with &#xA7; 8.01-317.

HISTORY: 1989, c. 690; 1991, c. 560; 1996, c. 673; 2002, cc. 588, 623; 2004, c.
995; 2011, c. 83; 2012, cc. 283, 756.