attorney at law
What Happens After a State Seizure?
When your money is seized you receive a "Field Receipt" stating what what seized (it may says U.S. Currency subject to count). If it was seized from the mail, tracking will say "POLICESEIZED". What happens next depends on how much money was seized. If less than $25,000.00 was seized you will get a Notice of Administrative Proceedings in the mail within 1 year. If more than $25,000.00 was seized the DA will file a Petition for Forfeiture and serve it on you via mail within one year. Once we received service we then have 30 days to properly file a MC-200 Claim form, and then an Answer. The case then proceeds as a superior court civil case with discovery, depositions, and ultimately the right to a jury trial.
State Notice of Forfeiture Example:
What if I don't get a Notice of Seizure?
Notice may have been sent to an old address, or lost in the mail. Service can be perfected by publication. If the District Attorney publishes notice, you have 30 days from the last day of publication of the notice to file a claim. If you don't file a claim the District Attorney may enter a default in your case, after which a court order to forfeit the property would issue.
You can look up your case on:
Search by County, then select "Government" and then "Seizure Notice". Look in different date ranges to find your case.
Chart of State Case Process (Click to Expand):
