13-4307. Notice of pending forfeiture

545 words·~2 min read·/az/title-13/13-4307

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. Within sixty days after making a seizure for forfeiture or simultaneously on filing a related criminal indictment, the state shall file a notice of pending forfeiture proceeding or return the property to the person from whom it was seized. A notice of pending forfeiture proceeding must include all of the following:

1. A description of the property seized.

2. The date and place of seizure of the property.

3. The name and address of the law enforcement agency making the seizure.

4. The specific statutory and factual grounds for the seizure.

B. If the property sought to be forfeited is real property, including fixtures, the attorney for the state may file a lis pendens or a notice of pending forfeiture with respect to the property with the county recorder of the county where the property is located, in addition to any lien provided by section 13-2314.02 without a filing fee or other charge.

C. A notice of pending forfeiture proceeding must be delivered as follows:

1. If the owner's or interest holder's name and current address are known, by either:

(a)Personal service.

(b)Mailing a copy of the notice by certified mail to the address.

2. If the owner's or interest holder's interest is required by law to be on record with a county recorder's office, the secretary of state, the motor vehicle division of the department of transportation, the Arizona game and fish department or another state or federal licensing agency in order to perfect an interest in the property, but his current address is not known, by mailing a copy of the notice by certified mail to any address on the record.

3. If the owner's or interest holder's address is not known, and is not on record as provided in paragraph 2 of this subsection, or if his interest is not known, by publication in one issue of a newspaper of general circulation in the county in which the seizure occurs.

D. The notice of pending forfeiture proceeding must also be served on the person's attorney of record and all persons known or reasonably believed by the state to claim an interest in the property.

E. An owner of or interest holder in the property may file a claim against the property at any time within sixty days after the notice or sixty days before a criminal trial, whichever is later, requesting a hearing to adjudicate the validity of the claimed interest in the property. An owner or interest holder may not be charged a filing fee or any other charge for filing the claim. Copies of the claim shall be mailed to the seizing agency and to the attorney for the state.

F. The claim shall be signed by the claimant under penalty of perjury and shall set forth all of the following:

1. The caption of the proceeding as set forth on the notice of pending forfeiture or complaint and the name of the claimant.

2. The address at which the claimant will accept future mailings from the court or the attorney for the state.

3. The nature and extent of the claimant's interest in the property.

4. All facts supporting the claimant's claim in the property and its return to the claimant.

5. The precise relief sought.