                                 CODE OF VIRGINIA

ENFORCEMENT OF LIENS ACQUIRED UNDER §§ 43-31 THROUGH 43-33 AND OF LIENS OF
BAILEES (§ 43-34)

For the purposes of this section, &#8220;public place&#8221; 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 lien under §§ 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.
		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&#8217; 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.
		If 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.
		If the owner of the property is a resident of the Commonwealth, any notice
required by this section may be served as provided in § 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.

HISTORY: Code 1919, § 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.