Virginia Code

Va. Code Ann. § 43-34 (2026)

Enforcement of liens acquired under §§ 43-31 through 43-33 and of liens of bailees

✓ current as of May 2026

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For the purposes of this section, "public place" 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' 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.

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.

Notes of Decisions

Cited in 11 cases, 1977–2012 · leading case: Gordon v. Pete's Auto Serv. of Denbigh, Inc., 837 F. Supp. 2d 581 (E.D. Va. 2011).

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Gordon v. Pete's Auto Serv. of Denbigh, Inc., 837 F. Supp. 2d 581 (E.D. Va. 2011). · cites it 13× “The plaintiff disputes whether Pete’s Auto Service strictly complied with the requirements of Va.Code § 43-34, but this issue is not material to the defendant’s liability for conversion.”

In Re Evans, 289 B.R. 813 (Bankr. E.D. Va. 2002). · cites it 4× “Section 43-34 of the Code of Virginia (1950) required in 1993 and still requires that notice of the time and place of the proposed sale be mailed by certified mail to both the owner and the lienholder of record at their addresses on the certificate of title.”

First Virginia Bank v. Sutherland, 20 U.C.C. Rep. Serv. (West) 1401 (Va. 1977). · cites it 2× “Neither do we find that any action has been taken by Sutherland to enforce any lien he may have acquired by virtue of Code § 43-32 for storage, in the manner provided by Code § 43-34 which specifically gives a garage keeper, to whom a motor vehicle has been delivered pursuant to…”

Gordon v. Pete's Auto Serv. of Denbigh, Inc., 838 F. Supp. 2d 436 (E.D. Va. 2012). · cites it 5× “The plaintiff disputes whether Pete’s Auto Service strictly complied with the requirements of Va.Code § 43-34, but this issue is not material to the defendant’s liability for conversion.”

Tidewater Fin. Co. v. Moffett (In Re Moffett), 288 B.R. 721 (Bankr. E.D. Va. 2002). “registered under the provisions of this chapter to anyone as legatee or distributee or as surviving joint owner or by an order in bankruptcy or insolvency, execution sale, sales as provided for in § 43-34, repossession on default in the performing of the terms of a lease or…”

O'MALLEY v. Rapidan River Farm, 24 B.R. 900 (E.D. Va. 1982). · cites it 2× “From this premise, Appellee then argues that because Rapidan failed to enforce its possessory lien in accordance with the enforcement provisions set forth in § 43-34, Rapidan’s once concededly statutorily-granted lien necessarily becomes judicial in nature and therefore subject…”

Newport News Shipbuilding Employees' Credit Union, Inc. v. B & L Auto Body, Inc., 400 S.E.2d 512 (Va. 1991). · cites it 7× “Code § 43-34 authorizes certain lienors to enforce their liens by sale of personal property at public auction for cash.”

Daughtry v. Gray's Body Shop, Inc., 82 Va. Cir. 366 (Norfolk Cir. Ct. 2011). · cites it 13× “Va. Code § 43-34. If the court is obliged, it may order sale of the property by the sheriff Virginia Code § 8.”

Johnson v. Spotsylvania Mini-Warehouse Assocs., 24 Va. Cir. 372 (Spotsylvania Cir. Ct. 1991). · cites it 4× “9-504); (2) the lien enforcement provisions applicable to innkeepers, garagemen, and mechanics (specifically, Virginia Code § 43-34); and (3) sheriffs’ sales of property under levy (specifically, Virginia Code Section 8.”

S & E, Inc. v. Empire Fire & Marine Ins., 66 Va. Cir. 13 (Norfolk Cir. Ct. 2004). · cites it 2× “The plaintiff seeks an order authorizing the sale of the van pursuant to Code of Virginia § 43-34. I assume the plaintiff is claiming its lien under Code of Virginia § 43-32(C).”

Tidewater Fin. Co. v. Moffett (In Re Moffett), 289 B.R. 55 (E.D. Va. 2003). “2-615 in the event of the transfer by operation of law of the title or interest of an owner in and to a motor vehicle, trailer, or semitrailer registered under the provisions of this chapter to anyone as legatee or distributee or as surviving joint owner or by an order in…”

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