§ 34-24-1-3 — Action for forfeiture; procedure

Indiana § 34-24-1-3

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 24: CIVIL PROCEEDINGS RELATED TO CRIMINAL
• Ch. 1: Forfeiture of Property Used in Violation of Certain

Text

(a) The prosecuting attorney for the county in
which the seizure occurs may, within twenty-one (21) days after
receiving written notice from the owner demanding return of the seized
property or within ninety (90) days after the property is seized,
whichever occurs first, cause an action for forfeiture to be brought by
filing a complaint in the circuit or superior court in the jurisdiction
where the seizure occurred. The action must be brought:
(1) in the name of the state; and
(2) within the period that a prosecution may be commenced under
IC 35-41-4-2 for the offense that is the basis for the seizure.
(b) If the property seized was a vehicle or real property, the
prosecuting attorney shall serve, under the Indiana Rules of Trial
Procedure, a copy of the complaint upon each person whose right, title,
or interest is of record in the bureau of motor vehicles, in the county
recorder's office, or other office authorized to receive or record vehicle
or real property ownership interests.
(c) If, after the expiration of the twenty-one (21) or ninety (90) day
period described in subsection (a), the prosecuting attorney has not
filed a complaint initiating an action for forfeiture, the property shall
be returned immediately to the owner, or to a lienholder or bona fide
purchaser for value. If the property is returned without a complaint for
forfeiture having been filed, the owner, lienholder, or bona fide
purchaser for value is not liable for any costs or fees incurred in
storing, transporting, or maintaining the property.
(d) The owner of the seized property, or any person whose right,
title, or interest is of record may, within twenty (20) days after service
of the complaint under the Indiana Rules of Trial Procedure, file an
answer to the complaint and may appear at the hearing on the action.
(e) If, at the end of the time allotted for an answer, there is no
answer on file, the court, upon motion, shall enter judgment in favor of
the state and shall order the property disposed of in accordance with
section 4 of this chapter.
[Pre-1998 Recodification Citation: 34-4-30.1-3.]

Legislative History

As added by P.L.1-1998, SEC.19. Amended by P.L.201-2011, SEC.108; P.L.47-2018, SEC.2.