2006 Code of Virginia § 19.2-386.3 - Notice of seizure for forfeiture and notice of motion for judgment

19.2-386.3. Notice of seizure for forfeiture and notice of motion forjudgment.

A. If an information has not been filed, then upon seizure of any propertyunder 19.2-386.15 or 19.2-386.22, the agency seizing the property shallforthwith notify in writing the attorney for the Commonwealth in the countyor city in which the seizure occurred, who shall, within 21 days of receiptof such notice, file a notice of seizure for forfeiture with the clerk of thecircuit court. Such notice of seizure for forfeiture shall specificallydescribe the property seized, set forth in general terms the grounds forseizure, identify the date on which the seizure occurred, and identify allowners and lien holders then known or of record. The clerk shall forthwithmail by first-class mail notice of seizure for forfeiture to the last knownaddress of all identified owners and lien holders. When property has beenseized under 19.2-386.15 or 19.2-386.22 prior to filing an information,then an information against that property shall be filed within 90 days ofthe date of seizure or the property shall be released to the owner or lienholder.

B. Except as to corporations, all parties defendant shall be served, inaccordance with 8.01-296, with a copy of the information and a notice toappear prior to any motion for default judgment on the information. Thenotice shall contain a statement warning the party defendant that hisinterest in the property shall be subject to forfeiture to the Commonwealthunless within 30 days after service on him of the notice, or before the dateset forth in the order of publication with respect to the notice, an answerunder oath is filed in the proceeding setting forth (i) the nature of thedefendant's claim, (ii) the exact right, title or character of the ownershipor interest in the property and the evidence thereof, and (iii) the reason,cause, exemption or defense he may have against the forfeiture of hisinterest in the property, including but not limited to the exemptions setforth in 19.2-386.8. Service upon corporations shall be made in accordancewith 8.01-299 or subdivision 1 or 2 of 8.01-301; however, if such servicecannot be thus made, it shall be made by publication in accordance with 8.01-317.

(1989, c. 690; 1991, c. 560; 1996, c. 673; 2002, cc. 588, 623; 2004, c. 995.)