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1995 SESSION
LD1338724Be it enacted by the General Assembly of Virginia:
1. That § 19.2-386.3 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-386.3. Notice of seizure for forfeiture and notice of motion for judgment.
A. If an information has not been filed, then upon seizure of any property
under § 18.2-249, the agency seizing the property shall forthwith notify the
attorney for the Commonwealth in the county or city in which the seizure
occurred, who shall, within twenty-one days therefrom of the
date of the seizure for forfeiture, 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.
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 § 18.2-249 prior to filing an
information, then an information against that property shall be filed within
ninety 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 thirty 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.