19.2-386.1 - Commencing an action of forfeiture. - Virginia Statutes

§ 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 aninformation in the clerk's office of the circuit court. Any information shallbe filed in the name of the Commonwealth by the attorney for the Commonwealthor may be filed by the Attorney General if so requested by the attorney forthe Commonwealth. Venue for an action of forfeiture shall lie in the countyor 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 conductalleged to give rise to the forfeiture. Such information shall (i) name asparties defendant all owners and lienholders then known or of record and thetrustees named in any deed of trust securing such lienholder, (ii)specifically describe the property, (iii) set forth in general terms thegrounds for forfeiture of the named property, (iv) pray that the same becondemned and sold or otherwise be disposed of according to law, and (v) askthat all persons concerned or interested be notified to appear and show causewhy such property should not be forfeited. In all cases, an information shallbe filed within three years of the date of actual discovery by theCommonwealth of the last act giving rise to the forfeiture or the action forforfeiture will be barred.

(1989, c. 690; 1991, c. 560; 2002, cc. 588, 623; 2004, c. 995.)