A. If an information has not been filed, then upon seizure of any property under Chapter 22.2 (§ 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 (§ 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 § 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'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 § 19.2-386.8. Service upon corporations shall be made in accordance with § 8.01-299 or subdivision 1 or 2 of § 8.01-301; however, if such service cannot 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; 2011, c. 83; 2012, cc. 283, 756.
Notes of Decisions
Cited in
13
cases (
3 in the last 5 years), 1990–2024 · leading case:
Commonwealth v. Wilks, 530 S.E.2d 665 (Va. 2000).
Commonwealth v. Wilks, 530 S.E.2d 665 (Va. 2000).
· cites it 22× “Code § 19.2-386.3(A) states: If an information has not been filed, then upon seizure of any property under § 18.”
Virginia v. Brunson, 448 S.E.2d 393 (Va. 1994).
· cites it 16× “The Commonwealth next asserts that the time limitation in § 19.2-386.3 by its own terms applies only to property that “has been seized under § 18.”
Harris v. Commonwealth, 667 S.E.2d 809 (Va. Ct. App. 2008).
· cites it 2× “2d 665, 667 (2000) (holding that Code § 19.2-386.3(A)’s requirement that the Commonwealth “shall” file notice of seizure within 21 days of receipt of notice from the agency is directory and procedural); Jackson v.”
State v. Benally, 2015 NMCA 053 (N.M. Ct. App. 2015).
“” Va. Code Ann. § 19.2-386.3 (A) (West2012).”
Troy Lamont Boone v. Commonwealth of Virginia, 728 S.E.2d 517 (Va. Ct. App. 2012).
· cites it 2× “2d 665, 667 (2000) (holding Code § 19.2-386.3(A), “requiring] the filing of the notice of seizure within 21 days[,] is directory and procedural, rather than mandatory *425 and jurisdictional” because it “contains no prohibitory or limiting language that divests the circuit court…”
Khalil Abdel Salahuddin v. Commonwealth of Virginia (Va. Ct. App. 2023).
· cites it 2× “The record shows that Salahuddin was convicted of a drug-related offense in 2016 and he proffered no evidence to support his new claim that the seized funds were unrelated to his drug 2 Under Code § 19.2-386.3(B), a notice of forfeiture must contain a statement warning the party…”
Mallory v. City of Richmond, 69 Va. Cir. 100 (Richmond County Cir. Ct. 2005).
· cites it 3× “See Va. Code § 19.2-386.3. The court in Commonwealth v.”
Commonwealth v. $889.58, 34 Va. Cir. 531 (Amherst Cir. Ct. 1993).
· cites it 3× “Adcock makes this motion on the basis of § 19.2-386.3 of the Code of Virginia where it is required that the seizing agency “forthwith” notify the Attorney for the Commonwealth of the seizure and the Attorney for the Commonwealth file Notice of Seizure with the Clerk of the…”
Delgado v. Commonwealth, 18 Va. Cir. 405 (Arlington Cir. Ct. 1990).
· cites it 2× “The newly-enacted statutory scheme places a burden upon the Commonwealth to timely file an information in all actions against property subject to seizure under § 18.”
State v. Benally (N.M. Ct. App. 2015).
“” Va. Code Ann. § 19.2-386.3 (A) (West 2012).”
— Va. Code Ann. § 19.2-386.3(A) — 7 cases
Commonwealth v. Wilks, 530 S.E.2d 665 (Va. 2000).
“Code § 19.2-386.3(A) states: If an information has not been filed, then upon seizure of any property under § 18.”
Virginia v. Brunson, 448 S.E.2d 393 (Va. 1994).
“The Commonwealth next asserts that the time limitation in § 19.2-386.3 by its own terms applies only to property that “has been seized under § 18.”
Harris v. Commonwealth, 667 S.E.2d 809 (Va. Ct. App. 2008).
“2d 665, 667 (2000) (holding that Code § 19.2-386.3(A)’s requirement that the Commonwealth “shall” file notice of seizure within 21 days of receipt of notice from the agency is directory and procedural); Jackson v.”
Troy Lamont Boone v. Commonwealth of Virginia, 728 S.E.2d 517 (Va. Ct. App. 2012).
“2d 665, 667 (2000) (holding Code § 19.2-386.3(A), “requiring] the filing of the notice of seizure within 21 days[,] is directory and procedural, rather than mandatory *425 and jurisdictional” because it “contains no prohibitory or limiting language that divests the circuit court…”
— Va. Code Ann. § 19.2-386.3(B) — 2 cases
Khalil Abdel Salahuddin v. Commonwealth of Virginia (Va. Ct. App. 2023).
“The record shows that Salahuddin was convicted of a drug-related offense in 2016 and he proffered no evidence to support his new claim that the seized funds were unrelated to his drug 2 Under Code § 19.2-386.3(B), a notice of forfeiture must contain a statement warning the party…”
— Va. Code Ann. § 19.2-386.3(B)(ii) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.