The VA-SSA worked with the Virginia Department of Wildlife Resources to update the form owners use to sell a watercraft following an occupant’s default. The prior version of the form referenced outdated code sections and requirements that are no longer in effect, like the newspaper advertising requirement that was eliminated in 2022.

The updated form may be accessed here.

Additionally, SSA and VA-SSA backed SB976 and HB1930 took effect July 1, 2023. The bills provide owners with an optional remedy to tow watercraft in lieu of conducting a public sale of the property, if the occupant has been in default for more than 60 days.

Before the watercraft is towed, the owner must send notice by verified mail or electronic mail to the occupant's last known address at least 10 days prior to the tow date, and the notice must include the name, address, and telephone number of the tow company.

Owners have a choice regarding how the notice is sent. The required elements may be included in the existing default notice that owners currently send. Alternatively, owners may send the notice independent from the existing default notice. Regardless of what method the owner chooses, it must include the elements list above and must be sent at least 10 days before the tow date.

The amendments also confirm that the owner is immune from civil liability for any damage to the watercraft that occurs after the tow company takes possession.

If the watercraft is on a trailer, the owner will need to follow the Virginia Department of Motor Vehicle (DMV) process to have the trailer towed. Trailers fall under DMV’s jurisdiction.

Separately, the VA-SSA has heard from members about some challenges associated with the Virginia DMV towing process. To help clarify the process, the DMV provided responses to a list of Frequently Asked Questions and also provided DMV user guides that are available on the VA-SSA’s website here.