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Can you file a forfeiture hearing in JP Court?
 
Posts: 28 | Registered: April 05, 2011Reply With QuoteReport This Post
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Chapter 59 forfeitures can ONLY be filed in a District Court. See 59.04(b). Are you possibly thinking of a forfeiture under Art. 18.18 or 18.19?

[This message was edited by John Greenwood on 09-01-11 at .]
 
Posts: 261 | Location: Lampasas, Texas, USA | Registered: November 29, 2007Reply With QuoteReport This Post
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I believed that it could only be done in District Court, but one was filed in JP Court in my county.
 
Posts: 28 | Registered: April 05, 2011Reply With QuoteReport This Post
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The discussion above is correct about the fact that jurisdiction over a chapter 59 forfeiture proceeding is fixed in district court. The only note I would add is that, under art. 18.10, a motion for return of seized property may be filed with the magistrate who issued the search warrant, so you may want to ensure that isn't the case. See In re Cornyn, 27 S.W.3d 327, 335-36 (Tex. App.--Houston [1st Dist.] 2000, no pet.) (magistrate who issues warrant has dominant jurisdiction over suit for return of property seized under warrant).
 
Posts: 1233 | Location: Amarillo, Texas, USA | Registered: March 15, 2001Reply With QuoteReport This Post
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