§ 43-34. Enforcement of liens acquired under §§ 43-31 through 43-33 and ofliens of bailees.
Any person having a lien under §§ 43-31 through 43-33 and any bailee, exceptwhere otherwise provided, having a lien as such at common law on personalproperty in his possession which he has no power to sell for the satisfactionof the lien, if the debt for which the lien exists is not paid within 10 daysafter it is due and the value of the property affected by the lien does notexceed $7,500, may sell such property or so much thereof as may be necessary,by public auction, for cash. The proceeds shall be applied to thesatisfaction of the debt and expenses of sale, and the surplus, if any, shallbe paid within 30 days of the sale to any lienholder, and then to the ownerof the property. A seller who fails to remit the surplus as provided shall beliable to the person entitled to the surplus in an amount equal to $50 foreach day beyond 30 days that the failure continues.
Before making the sale, the seller shall advertise the time, place, and termsthereof in a public place. In the case of property other than a motor vehiclerequired to be registered in Virginia having a value in excess of $600, 10days' prior notice shall be given to any secured party who has filed afinancing statement against the property, and written notice shall be givento the owner as hereinafter provided.
If the value of the property is more than $7,500 but does not exceed $15,000,the party having the lien, after giving notice as herein provided, may applyby petition to any general district court of the county or city wherein theproperty is, or, if the value of the property exceeds $15,000, to the circuitcourt of the county or city, for the sale of the property. If, on the hearingof the case on the petition, the defense, if any made thereto, and suchevidence as may be adduced by the parties respectively, the court issatisfied that the debt and lien are established and the property should besold to pay the debt, the court shall order the sale to be made by thesheriff of the county or city. The sheriff shall make the same and apply anddispose of the proceeds in the same manner as if the sale were made under awrit of fieri facias.
If the owner of the property is a resident of this Commonwealth, any noticerequired by this section may be served as provided in § 8.01-296 or, if thesale is to be made without resort to the courts, by personal delivery or bycertified or registered mail delivered to the present owner of the propertyto be sold at his last known address at least 10 days prior to the date ofsale. If he is a nonresident or if his address is unknown, notice may beserved by posting a copy thereof in three public places in the county or citywherein the property is located. For purposes of this section, a public placemeans a premises owned by the Commonwealth, a political subdivision thereofor an agency of either which is open to the general public.
(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.)
§ 43-34. Enforcement of liens acquired under §§ 43-31 through 43-33 and ofliens of bailees.
Any person having a lien under §§ 43-31 through 43-33 and any bailee, exceptwhere otherwise provided, having a lien as such at common law on personalproperty in his possession which he has no power to sell for the satisfactionof the lien, if the debt for which the lien exists is not paid within 10 daysafter it is due and the value of the property affected by the lien does notexceed $7,500, may sell such property or so much thereof as may be necessary,by public auction, for cash. The proceeds shall be applied to thesatisfaction of the debt and expenses of sale, and the surplus, if any, shallbe paid within 30 days of the sale to any lienholder, and then to the ownerof the property. A seller who fails to remit the surplus as provided shall beliable to the person entitled to the surplus in an amount equal to $50 foreach day beyond 30 days that the failure continues.
Before making the sale, the seller shall advertise the time, place, and termsthereof in a public place. In the case of property other than a motor vehiclerequired to be registered in Virginia having a value in excess of $600, 10days' prior notice shall be given to any secured party who has filed afinancing statement against the property, and written notice shall be givento the owner as hereinafter provided.
If the value of the property is more than $7,500 but does not exceed $15,000,the party having the lien, after giving notice as herein provided, may applyby petition to any general district court of the county or city wherein theproperty is, or, if the value of the property exceeds $15,000, to the circuitcourt of the county or city, for the sale of the property. If, on the hearingof the case on the petition, the defense, if any made thereto, and suchevidence as may be adduced by the parties respectively, the court issatisfied that the debt and lien are established and the property should besold to pay the debt, the court shall order the sale to be made by thesheriff of the county or city. The sheriff shall make the same and apply anddispose of the proceeds in the same manner as if the sale were made under awrit of fieri facias.
If the owner of the property is a resident of this Commonwealth, any noticerequired by this section may be served as provided in § 8.01-296 or, if thesale is to be made without resort to the courts, by personal delivery or bycertified or registered mail delivered to the present owner of the propertyto be sold at his last known address at least 10 days prior to the date ofsale. If he is a nonresident or if his address is unknown, notice may beserved by posting a copy thereof in three public places in the county or citywherein the property is located. For purposes of this section, a public placemeans a premises owned by the Commonwealth, a political subdivision thereofor an agency of either which is open to the general public.
(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.)
§ 43-34. Enforcement of liens acquired under §§ 43-31 through 43-33 and ofliens of bailees.
Any person having a lien under §§ 43-31 through 43-33 and any bailee, exceptwhere otherwise provided, having a lien as such at common law on personalproperty in his possession which he has no power to sell for the satisfactionof the lien, if the debt for which the lien exists is not paid within 10 daysafter it is due and the value of the property affected by the lien does notexceed $7,500, may sell such property or so much thereof as may be necessary,by public auction, for cash. The proceeds shall be applied to thesatisfaction of the debt and expenses of sale, and the surplus, if any, shallbe paid within 30 days of the sale to any lienholder, and then to the ownerof the property. A seller who fails to remit the surplus as provided shall beliable to the person entitled to the surplus in an amount equal to $50 foreach day beyond 30 days that the failure continues.
Before making the sale, the seller shall advertise the time, place, and termsthereof in a public place. In the case of property other than a motor vehiclerequired to be registered in Virginia having a value in excess of $600, 10days' prior notice shall be given to any secured party who has filed afinancing statement against the property, and written notice shall be givento the owner as hereinafter provided.
If the value of the property is more than $7,500 but does not exceed $15,000,the party having the lien, after giving notice as herein provided, may applyby petition to any general district court of the county or city wherein theproperty is, or, if the value of the property exceeds $15,000, to the circuitcourt of the county or city, for the sale of the property. If, on the hearingof the case on the petition, the defense, if any made thereto, and suchevidence as may be adduced by the parties respectively, the court issatisfied that the debt and lien are established and the property should besold to pay the debt, the court shall order the sale to be made by thesheriff of the county or city. The sheriff shall make the same and apply anddispose of the proceeds in the same manner as if the sale were made under awrit of fieri facias.
If the owner of the property is a resident of this Commonwealth, any noticerequired by this section may be served as provided in § 8.01-296 or, if thesale is to be made without resort to the courts, by personal delivery or bycertified or registered mail delivered to the present owner of the propertyto be sold at his last known address at least 10 days prior to the date ofsale. If he is a nonresident or if his address is unknown, notice may beserved by posting a copy thereof in three public places in the county or citywherein the property is located. For purposes of this section, a public placemeans a premises owned by the Commonwealth, a political subdivision thereofor an agency of either which is open to the general public.
(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.)
