§ 46.2-644.03. Enforcement of liens acquired under §§ 46.2-644.01 and46.2-644.02 and of liens of bailees.
Any person having a lien under §§ 46.2-644.01 and 46.2-644.02 and any bailee,except where otherwise provided, having a lien as such at common law onpersonal property in his possession which he has no power to sell for thesatisfaction of the lien, if the debt for which the lien exists is not paidwithin 10 days after it is due and the value of the property affected by thelien does not exceed $7,500, may sell such property or so much thereof as maybe necessary, by public auction, for cash. The proceeds shall be applied tothe 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 theowner of the property. A seller who fails to remit the surplus as providedshall 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 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 property is a motor vehiclerequired by the motor vehicle laws of Virginia to be registered, the personhaving the lien shall ascertain from the Commissioner of the Department ofMotor Vehicles whether the certificate of title of the motor vehicle shows alien thereon. If the certificate of title shows a lien, the bailee proposingthe sale of the motor vehicle shall notify the lienholder of record, bycertified mail, at the address on the certificate of title of the time andplace of the proposed sale 10 days prior thereto. If the name of the ownercannot be ascertained, the name of "John Doe" shall be substituted in anyproceedings hereunder and no written notice as to him shall be required to bemailed. Whenever a vehicle is shown by the Department of Motor Vehiclesrecords to be owned by a person who has indicated that he is on activemilitary duty or service, the Department shall include such information inresponse to requests for vehicle information pursuant to the requirements ofthis chapter.
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 the 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.
If the property is a motor vehicle (i) for which neither the owner nor anyother lienholder or secured party can be determined by the Department ofMotor Vehicles through a diligent search of its records, (ii) manufacturedfor a model year at least six years prior to the current model year, and(iii) having a value of no more than $3,000 as determined by the provisionsof § 8.01-419.1, a person having a lien on such vehicle may, after showingproof that the vehicle has been in his continuous custody for at least 30days, apply for and receive from the Department of Motor Vehicles title or anonrepairable certificate to such vehicle, free of all liens and claims ofownership of others, and proceed to sell or otherwise dispose of the vehicle.
Whenever a motor vehicle is sold hereunder, the Department of Motor Vehiclesshall issue a certificate of title and registration or a nonrepairablecertificate to the purchaser thereof upon his application containing theserial or motor number of the vehicle purchased together with an affidavit ofthe lienholder that he has complied with the provisions hereof, or by thesheriff conducting a sale that he has complied with said order.
Any garage keeper to whom a motor vehicle has been delivered pursuant to §46.2-1209, 46.2-1213, or 46.2-1215 may after 30 days from the date ofdelivery proceed under this section, provided that action has not been takenpursuant to such sections for the sale of such motor vehicle.
Notwithstanding any provisions to the contrary, any person having a lienunder § 46.2-644.01 or 46.2-644.02 shall comply with the provisions of thefederal Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) whendisposing of a vehicle owned by a member of the military duty or service.
§ 46.2-644.03. Enforcement of liens acquired under §§ 46.2-644.01 and46.2-644.02 and of liens of bailees.
Any person having a lien under §§ 46.2-644.01 and 46.2-644.02 and any bailee,except where otherwise provided, having a lien as such at common law onpersonal property in his possession which he has no power to sell for thesatisfaction of the lien, if the debt for which the lien exists is not paidwithin 10 days after it is due and the value of the property affected by thelien does not exceed $7,500, may sell such property or so much thereof as maybe necessary, by public auction, for cash. The proceeds shall be applied tothe 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 theowner of the property. A seller who fails to remit the surplus as providedshall 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 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 property is a motor vehiclerequired by the motor vehicle laws of Virginia to be registered, the personhaving the lien shall ascertain from the Commissioner of the Department ofMotor Vehicles whether the certificate of title of the motor vehicle shows alien thereon. If the certificate of title shows a lien, the bailee proposingthe sale of the motor vehicle shall notify the lienholder of record, bycertified mail, at the address on the certificate of title of the time andplace of the proposed sale 10 days prior thereto. If the name of the ownercannot be ascertained, the name of "John Doe" shall be substituted in anyproceedings hereunder and no written notice as to him shall be required to bemailed. Whenever a vehicle is shown by the Department of Motor Vehiclesrecords to be owned by a person who has indicated that he is on activemilitary duty or service, the Department shall include such information inresponse to requests for vehicle information pursuant to the requirements ofthis chapter.
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 the 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.
If the property is a motor vehicle (i) for which neither the owner nor anyother lienholder or secured party can be determined by the Department ofMotor Vehicles through a diligent search of its records, (ii) manufacturedfor a model year at least six years prior to the current model year, and(iii) having a value of no more than $3,000 as determined by the provisionsof § 8.01-419.1, a person having a lien on such vehicle may, after showingproof that the vehicle has been in his continuous custody for at least 30days, apply for and receive from the Department of Motor Vehicles title or anonrepairable certificate to such vehicle, free of all liens and claims ofownership of others, and proceed to sell or otherwise dispose of the vehicle.
Whenever a motor vehicle is sold hereunder, the Department of Motor Vehiclesshall issue a certificate of title and registration or a nonrepairablecertificate to the purchaser thereof upon his application containing theserial or motor number of the vehicle purchased together with an affidavit ofthe lienholder that he has complied with the provisions hereof, or by thesheriff conducting a sale that he has complied with said order.
Any garage keeper to whom a motor vehicle has been delivered pursuant to §46.2-1209, 46.2-1213, or 46.2-1215 may after 30 days from the date ofdelivery proceed under this section, provided that action has not been takenpursuant to such sections for the sale of such motor vehicle.
Notwithstanding any provisions to the contrary, any person having a lienunder § 46.2-644.01 or 46.2-644.02 shall comply with the provisions of thefederal Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) whendisposing of a vehicle owned by a member of the military duty or service.
§ 46.2-644.03. Enforcement of liens acquired under §§ 46.2-644.01 and46.2-644.02 and of liens of bailees.
Any person having a lien under §§ 46.2-644.01 and 46.2-644.02 and any bailee,except where otherwise provided, having a lien as such at common law onpersonal property in his possession which he has no power to sell for thesatisfaction of the lien, if the debt for which the lien exists is not paidwithin 10 days after it is due and the value of the property affected by thelien does not exceed $7,500, may sell such property or so much thereof as maybe necessary, by public auction, for cash. The proceeds shall be applied tothe 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 theowner of the property. A seller who fails to remit the surplus as providedshall 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 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 property is a motor vehiclerequired by the motor vehicle laws of Virginia to be registered, the personhaving the lien shall ascertain from the Commissioner of the Department ofMotor Vehicles whether the certificate of title of the motor vehicle shows alien thereon. If the certificate of title shows a lien, the bailee proposingthe sale of the motor vehicle shall notify the lienholder of record, bycertified mail, at the address on the certificate of title of the time andplace of the proposed sale 10 days prior thereto. If the name of the ownercannot be ascertained, the name of "John Doe" shall be substituted in anyproceedings hereunder and no written notice as to him shall be required to bemailed. Whenever a vehicle is shown by the Department of Motor Vehiclesrecords to be owned by a person who has indicated that he is on activemilitary duty or service, the Department shall include such information inresponse to requests for vehicle information pursuant to the requirements ofthis chapter.
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 the 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.
If the property is a motor vehicle (i) for which neither the owner nor anyother lienholder or secured party can be determined by the Department ofMotor Vehicles through a diligent search of its records, (ii) manufacturedfor a model year at least six years prior to the current model year, and(iii) having a value of no more than $3,000 as determined by the provisionsof § 8.01-419.1, a person having a lien on such vehicle may, after showingproof that the vehicle has been in his continuous custody for at least 30days, apply for and receive from the Department of Motor Vehicles title or anonrepairable certificate to such vehicle, free of all liens and claims ofownership of others, and proceed to sell or otherwise dispose of the vehicle.
Whenever a motor vehicle is sold hereunder, the Department of Motor Vehiclesshall issue a certificate of title and registration or a nonrepairablecertificate to the purchaser thereof upon his application containing theserial or motor number of the vehicle purchased together with an affidavit ofthe lienholder that he has complied with the provisions hereof, or by thesheriff conducting a sale that he has complied with said order.
Any garage keeper to whom a motor vehicle has been delivered pursuant to §46.2-1209, 46.2-1213, or 46.2-1215 may after 30 days from the date ofdelivery proceed under this section, provided that action has not been takenpursuant to such sections for the sale of such motor vehicle.
Notwithstanding any provisions to the contrary, any person having a lienunder § 46.2-644.01 or 46.2-644.02 shall comply with the provisions of thefederal Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) whendisposing of a vehicle owned by a member of the military duty or service.
