§ 40:2608 — Commencement of forfeiture proceedings; notice of pending forfeiture; property

Louisiana § 40:2608

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§2608. Commencement of forfeiture proceedings; notice of pending forfeiture; property
release requirements
Forfeiture proceedings shall be commenced as follows:
(1)(a) When the district attorney intends to forfeit property, pursuant to the
provisions of this Chapter, he shall provide the owner and interest holder with a written
assertion within forty-five days after actual or constructive seizure, except in cases in which
the property is held for evidentiary purpose, the district attorney shall institute forfeiture
proceedings within forty-five days after the final disposition of all criminal proceedings
associated with the conduct giving rise to forfeiture.
(b) If the district attorney fails to initiate forfeiture proceedings against property
seized for forfeiture by serving Notice of Pending Forfeiture within one hundred twenty days
after its seizure for forfeiture or if the state fails to pursue forfeiture of the property upon
which a timely claim has been properly served by filing a Petition for Forfeiture proceeding
within ninety days after Notice of Pending Forfeiture, or if the district attorney fails to
provide a written assertion, pursuant to the provisions of this Paragraph, the property shall
be released from its seizure for forfeiture on the request of an owner or interest holder,
pending further proceedings pursuant to the provisions of this Chapter.
(c) When no written assertion has been given to the claimant, within the time delays
provided herein, the claimant may file a Motion for Release of Seized Property pursuant to
the criminal jurisdiction of the court.
(2) If, after Notice of Pending Forfeiture, a claimant files a request for stipulation of
exemption pursuant to R.S. 40:2609 or is granted an extension to file a claim pursuant to
R.S. 40:2610, the district attorney may delay filing the judicial forfeiture proceeding for a
total of one hundred eighty days after the service of Notice of Pending Forfeiture.
(3) Whenever Notice of Pending Forfeiture or service of an in rem petition is
required under the provisions of this Chapter, notice or service shall be given in accordance
with one of the following:
(a) If the owner's or interest holder's name and current address are known, by either
personal service or by mailing a copy of the notice by certified mail to that address.
(b) If the owner's or interest holder's name and address are required by law to be
recorded with the parish clerk of court, the motor vehicle division of the Department of
Public Safety and Corrections, or another state or federal agency to perfect an interest in the
property, and the owner's or interest holder's current address is not known, by mailing a copy
of the notice by certified mail, return receipt requested, to any address of record with any of
the described agencies.
(c) If the owner's or interest holder's address is not known and is not on record as
provided in Subparagraph (b) of this Paragraph, or the owner or interest holder's interest is
not known by publication in one issue of the official journal in the parish in which the
seizure occurs.
(4) Notice is effective upon personal service, publication, or the receipt of a written
notice by certified mail, whichever is earlier, and shall include a description of the property,
the date and place of seizure, the conduct giving rise to forfeiture or the violation of law
alleged, and a summary of procedures and procedural rights applicable to the forfeiture
action.
(5)(a) The district attorney may file, without a filing fee, a lien for the forfeiture of
property upon the initiation of any civil or criminal proceeding under this Chapter or upon
seizure for forfeiture. The filing constitutes notice to any person claiming an interest in the
seized property or in property owned by the named person.
(b) The lien notice shall set forth the following:
(i) The name or alias of the person and, in the discretion of the lienor, the name of
any alias, any corporation, partnership, trust, or other entity, including agents, that are owned
entirely or in part, or controlled by the person.
(ii) The description of the seized property or the criminal or civil proceeding that has
been brought under this Chapter, the amount claimed by the lienor, the name of the district
court where the proceeding or action has been brought, and the case number of the
proceeding or action if known at the time of filing.
(c) A lien filed pursuant to the provisions of this Paragraph applies to the described
seized 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.
(d) The lien creates, upon filing, a lien in favor of the lienor as it relates to the seized
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 seized property
relating to all proceedings under this Chapter enforcing the lien. The notice of forfeiture lien
referred to in this Paragraph shall be filed in accordance with the provisions of the laws of
this state in accordance with 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. The lienor may amend or release, in whole or in part, a lien filed under
this Paragraph at any time by filing, without a filing fee, an amended lien in accordance with
the provisions of this Paragraph, which identifies the lien amended. The lienor, as soon as
practical 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 the provisions of this Paragraph shall not
invalidate or otherwise affect the lien.
(e) Upon entry of judgment in its favor, the state may proceed to execute on the lien
as provided by law.
(f) A trustee, constructive or otherwise, who has notice that a forfeiture lien, or a
Notice of Pending Forfeiture, or a civil forfeiture proceeding has been filed against the
property or against any person or entity for whom the person holds title or appears as record
owner, shall furnish within ten days, to the appropriate district attorney's office all of the
following information:
(i) The names and addresses of the person or entity for whom the property is held.
(ii) The names and addresses of all other beneficiaries for whose benefit legal title
to the seized property, or property of the named person or related entity, is held.
(iii) A copy of the applicable trust agreement or other instrument, if any, under which
the trustee or other person holds legal title or appears as record owner of the property.
(g) A trustee, constructive or otherwise, who, with notice fails to comply with the
provisions of this Paragraph may be fined not more than five hundred dollars per day for
each day during which the failure to comply exists.
(h) A trustee, constructive or otherwise, who with notice fails to comply with the
provisions of this Paragraph shall be guilty of violating such provision and may, upon
conviction, be sentenced to imprisonment for not less than two nor more than five years, with
or without hard labor, and shall be fined not less than ten thousand dollars per day for each
day compliance was not made.

Legislative History

Acts 1989, No. 375, §1, eff. Jan. 1, 1990; Acts 1992, No. 720, §1; Acts 1997, No. 1334, §1; Acts 2022, No. 698, §1.