CHAPTER 571

An Act to amend and reenact § 48-34 of the Code of Virginia, relating
to enforcement of certain liens.
[H 683]

Approved March 31, 1960

Be it enacted by the General Assembly of Virginia:

- ‘ That § 48-34 of the Code of Virginia be amended and reenacted as
ollows: .

§ 43-34. Any person having a lien under the three preceding sec-
tions and any bailee, except where otherwise provided, having a lien as
such at common law on personal property in his possession which he has
no power to sell for the satisfaction of the lien, if the debt for which the
lien exists be not paid within ten days after it is due and the value of the
property affected by the lien does not exceed * three hundred dollars,
may sell such property or so much thereof as may be necessary, by public
auction, for cash, and apply the proceeds to the satisfaction of the debt
and expenses of sale, and the surplus, if any, he shall pay to the owner
of the property. Before making such sale, he shall advertise the time,
place, and terms thereof, in such manner as to give publicity thereto, and
also give to the owner, if he be in the county or corporation, ten days’
written notice of the same and of the amount claimed to be due. If the
owner cannot be found in such county or corporation, posting the notice
at three public places therein shall be sufficient service thereof. If such
property be a motor vehicle required by the motor vehicle laws of Vir-
ginia to be registered, the person having such lien shall ascertain from the
Commissioner of the Division of Motor Vehicles if the certificate of title
of such motor vehicle shows a lien thereon. If the certificate of title shows
a lien thereon, the bailee proposing the sale of such motor vehicle shall
notify the lien holder of record, by certified mail, at the address on the
certificate of title of the time and place of the proposed sale ten days prior
thereto. If the value of the property be more than * three hundred dollars
but does not exceed * two thousand dollars, the party having such lien,
after giving notice as hereinbefore provided, may apply by petition to any
trial justice of the county or corporation wherein the property is, or, if
the value of the property exceed * two thousand dollars, to the circuit or
corporation court of such county or corporation, for the sale of the prop-
erty; and 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 respec-
tively, the court or trial justice shall be satisfied that the debt and lien
are established and the property should be sold to pay the debt, such court
or * court not of record having civil jurisdiction shall order the sale
to be made by the sheriff or sergeant of the county or corporation,
who 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 be a resident of this State, the notice required by
this section may be served in the mode prescribed by § 8-51. If he be a
nonresident, it may be served by posting a copy thereof in three public
places in the county or corporation wherein the property is.