809A.9 Liens.
500 words·~2 min read·
/ia/chapter-809a-forfeiture-reform-act/809a-9·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. a. The prosecuting attorney may file, without a filing fee, a lien for the forfeiture of property if any of the following apply:
(1)Upon the initiation of any civil or criminal proceeding relating to conduct giving rise to forfeiture under this chapter.
(2)Upon seizure for forfeiture.
(3)In connection with a proceeding or seizure for forfeiture in any other state under a state or federal statute substantially similar to the relevant provisions of this chapter.
b. The filing constitutes notice to any person claiming an interest in the seized property or in property owned by the named person.
2. The lienor, as soon as practical, but not later than ten days, after filing a lien, shall furnish to any person named in the lien a notice of the filing of the lien. Failure to furnish notice under this subsection shall not invalidate or otherwise affect the lien.
3. The lien notice shall set forth all of the following:
a. The name of the person and, in the discretion of the lienor, any aliases, or the name of any corporation, partnership, trust, or other entity, including nominees, that are owned entirely or in part, or controlled by the person.
b. The description of the seized property or the criminal or civil proceeding that has been brought relating to conduct giving rise to forfeiture under the chapter.
c. The amount claimed by the lienor.
d. The name of the district court where the proceeding or action has been brought.
e. The case number of the proceeding or action if known at the time of the filing of the lien.
4. The notice of forfeiture lien shall be filed in accordance with the provisions of the laws of this state relating to the type of property that is subject to the lien. The validity and priority of the forfeiture lien shall be determined in accordance with applicable law pertaining to liens.
5. A lien filed pursuant to this section applies to the described property or to one named person, any aliases, fictitious names, or other names, including the names of any corporation, partnership, trust, or other entity, owned entirely or in part, or controlled by the named person, and any interest in real property owned or controlled by the named person. A separate forfeiture lien shall be filed for each named person.
6. The lien notice creates, upon filing, a lien in favor of the lienor as it relates to the property or the named person or related entities. The lien secures the amount of potential liability for civil judgment, and, if applicable, the fair market value of property relating to all proceedings under this chapter enforcing the lien.
7. The lienor may amend or release, in whole or in part, a lien filed under this section at any time by filing, without a filing fee, an amended lien.
8. Upon entry of judgment in its favor, the state may proceed to execute on the lien as provided by law.