§ 4.1-343. Rights of innocent lienor
If a claimant of property seized pursuant to § 4.1-339 is a lienor, and if it appears to the satisfaction of the court that the owner of the conveyance or vehicle perfected his title to the conveyance or vehicle prior to its seizure, or within ten days from the time it was acquired, and that (i) the lienor was ignorant of the fact that the conveyance or vehicle was being used for illegal purposes when it was seized, (ii) the illegal use was without the lienor's connivance or consent, and (iii) he held a bona fide lien on such property and had perfected it in the manner prescribed by law prior to such seizure, the court shall enter an order to establish the lien, upon satisfactory proof of the amount thereof. If the conveyance or vehicle is an automobile, the memorandum of lien on the certificate of title issued by the Commissioner of the Department of Motor Vehicles shall make any other recordation of the lien unnecessary.
If, in the same proceeding, it is determined that the owner of the seized property was himself in possession of it at the time it was seized, and that such illegal use was with his knowledge or consent, the forfeiture shall become final as to any and all interest and equity which such owner or any other person illegally using it, may have in such seized property, and the forfeiture shall be entered of record.
If the lien established is equal to or more than the value of the conveyance or vehicle, the conveyance or vehicle shall be delivered to the lienor, and the costs of the proceedings shall be paid by the Commonwealth as provided by law. If the lien is less than the value of the conveyance or vehicle, the lienor may have the conveyance or vehicle delivered to him upon payment of the difference. Should the lienor not demand delivery, an order shall be made for the sale of the property by the sheriff of the county or city, in the manner prescribed by law. Out of the proceeds of such sale shall be paid first, the lien, and second, the costs of the proceedings. The residue, if any, shall be paid into the Literary Fund.
(Code 1950, § 4-56; 1954, c. 504; 1968, c. 763; 1971, Ex. Sess., c. 155; 1973, c. 16; 1978, cc. 434, 436; 1981, c. 365; 1983, c. 271; 1984, c. 52; 1993, c. 866.)
Sections: Previous 4.1-336 4.1-337 4.1-338 4.1-339 4.1-340 4.1-341 4.1-342 4.1-343 4.1-344 4.1-345 4.1-346 4.1-347 4.1-348 4.1-349 4.1-350 NextLast modified: April 16, 2009