§ 19.2-386.1. Commencing an action of forfeiture
An action against any property subject to seizure under the provisions of § 19.2-386.15 or § 19.2-386.22 shall be commenced by the filing of an information in the clerk's office of the circuit court. Any information shall be filed in the name of the Commonwealth by the attorney for the Commonwealth or may be filed by the Attorney General if so requested by the attorney for the Commonwealth. Venue for an action of forfeiture shall lie in the county or city where (i) the property is located, (ii) the property is seized, or (iii) an owner of the property could be prosecuted for the illegal conduct alleged to give rise to the forfeiture. Such information shall (i) name as parties defendant all owners and lienholders then known or of record and the trustees named in any deed of trust securing such lienholder, (ii) specifically describe the property, (iii) set forth in general terms the grounds for forfeiture of the named property, (iv) pray that the same be condemned and sold or otherwise be disposed of according to law, and (v) ask that all persons concerned or interested be notified to appear and show cause why such property should not be forfeited. In all cases, an information shall be filed within three years of the date of actual discovery by the Commonwealth of the last act giving rise to the forfeiture or the action for forfeiture will be barred.
(1989, c. 690; 1991, c. 560; 2002, cc. 588, 623; 2004, c. 995.)
Sections: 19.2-386.1 19.2-386.2 19.2-386.3 19.2-386.4 19.2-386.5 19.2-386.6 19.2-386.7 19.2-386.8 19.2-386.9 19.2-386.10 19.2-386.11 19.2-386.12 19.2-386.13 19.2-386.14 NextLast modified: April 16, 2009