If the owner or lien holder of the named property desires to obtain possession thereof before the hearing on the information filed against the same, such property shall be appraised by the clerk of the court where such information is filed. The clerk shall promptly cause the property to be appraised at its fair cash value, and forthwith make return thereof in writing to the court. Any appraisal fee shall be taxed as costs as provided in § 19.2-386.12. Upon the return of the appraisal, the owner or lien holder may give a bond payable to the Commonwealth, in a penalty of the amount equal to the appraised value of the property plus the court costs which may accrue, with security to be approved by the clerk and conditioned for the performance of the final judgment of the court, on the trial of the information. A further condition shall be that, if upon the hearing on the information, the judgment of the court is that such property, or any part thereof, or such interest and equity as the owner or lien holder may have therein, is forfeited, judgment may thereupon be entered against the obligors on such bond for the penalty thereof, without further or other proceedings against them thereon, to be discharged by the payment of the appraised value of the property so seized and forfeited, and costs. Upon such judgment, execution may issue, on which the clerk shall endorse, "No security to be taken." Upon giving of the bond, the property shall be delivered to the owner or lien holder.
1989, c. 690.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 22.1 - Enforcement of Forfeitures
§ 19.2-386.1. Commencing an action of forfeiture
§ 19.2-386.2. Seizure of named property
§ 19.2-386.2:1. Notice to Commissioner of Department of Motor Vehicles; duties of Commissioner
§ 19.2-386.3. Notice of seizure for forfeiture and notice of motion for judgment
§ 19.2-386.4. Records and handling of seized property
§ 19.2-386.5. Release of seized property
§ 19.2-386.6. Bond to secure possession
§ 19.2-386.7. Sale of property liable to deterioration
§ 19.2-386.9. Appearance by owner or lien holder
§ 19.2-386.10. Forfeiture; default judgment; remission; trial
§ 19.2-386.11. Judgment of condemnation; destruction
§ 19.2-386.12. Sale of forfeited property