I received a question from our SO that I am unsure how to answer.
During a major marijuana bust on I-10 a significant amount of cash was seized from the defendant's
Approximately, $800 was seized from one, $400 from the other, and $1,000 was found in the glove compartment.
The local DA handling the case never completed the seizure paper work and has told the SO that the money needs to be returned to the owners.
The question is the $1000 in the glove compartment. Initially, each defendant claims that the money belonged to the other defendant. No both of them are saying it was theirs.
We would like to have a hearing in the local JP or our County Court, but are not sure what needs to be filed to get the process started since this isn't stolen or abandoned property. Can we use the same process as for stolen proeprty or do we need to do something else and can it be done in JP Court?
I can not say I have ever had this problem, but I do not see why you should be involved in deciding who gets what. I would suggest the Sheriff issue a check for the $1000.00 payable to both subjects. If they can not work it out among themselves, tell them to take it to court.
TRCP 43 Interpleader
Initiate a lawsuit as the plaintiff and compel the two to litigate the dispute. I've never done this related to asset seizure/forfeiture/quasi-criminal proceedings or had this problem but seemingly the shoe fits?
Can you put it back in the glove compartment of the car as inventory and let whoever wants to claim the car have it? This assumes the car is still impounded.
Otherwise, you might let them fight it out in court by interpleading it into the funds of the court. (That was from way back in law school, I think.) But you want to keep yourself out of it.
|Powered by Social Strata|
© TDCAA, 2001. All Rights Reserved.