TDCAA    TDCAA Community  Hop To Forum Categories  Civil    Theft proceeds and interpleader
Go
New
Find
Notify
Tools
Reply
  
Theft proceeds and interpleader Login/Join 
Member
posted
Company has filed an interpleader placing funds in district court. The funds are the proceeds of theft and that is why company has placed them in the court.

I would like to seize these funds but I am trying to decide if I should file a petition in intervention or if I should file a Notice of Seizure and Intended Forefeiture. It seems to me, that under Ch. 59, the only way for me to do it is to literally seize the money. Do I really want to seize the money from my district court?

Has anyone had experience with this before?
 
Posts: 146 | Location: Vernon, Texas | Registered: February 02, 2007Reply With QuoteReport This Post
Member
posted Hide Post
Such a seizure should not ruffle the feathers of the District Clerk. It's not the clerk's money, no matter what happens. Since the clerk is not going to abscond with the money, I would suggest you let them know what you are doing in advance and allow them to appear with you when you get your warrant. For what it is worth, we have done this when we learn that there is forfeitable contraband in an evidence room or impund lot. We get a warrant and "seize" the money from the police...often at their request. Then we institute forfeiture proceedings under Ch. 59.
 
Posts: 188 | Location: Lubbock, Texas USA | Registered: October 04, 2002Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Civil    Theft proceeds and interpleader

© TDCAA, 2001. All Rights Reserved.