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I am looking for some guidance in an unusual situation. We filed a Notice of Seizure and Intended Forfeiture on contraband currency under CCP Chapter 59. Prior to obtaining service on the respondent/defendant, the respondent/defendant died. Does the case survive his death or must it be non-suited? If it does, I suppose I will need to try to obtain service on his estate. If it does not survive, can I proceed under CCP 18.17 with the abandoned/unclaimed property procedures? What happens if I cannot serve, or even find a claimant to his estate?
Any thoughts or suggestions are very welcomed.
 
Posts: 5 | Location: Walker County Criminal District Attorney | Registered: March 26, 2014Reply With QuoteReport This Post
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Feel free to give me a call I have dealt with this 806-775-1148.
 
Posts: 7 | Location: Lubbock, Texas | Registered: October 31, 2013Reply With QuoteReport This Post
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Also look here:

Scire Facias

And here

More Scire Facias
 
Posts: 478 | Location: Parker County, Texas | Registered: March 22, 2002Reply With QuoteReport This Post
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You only do a suggestion of death and request a scire facias for a "party." If the defendant was not served and never entered an appearance, he never became a party. In that case, you amend your petition to name his heirs. How do you know who that is? That's the tricky part. I always start with the obituary. When in doubt sue the wife and all the kids, just in case the kids are from a previous marriage. If there's a probate on file, that would easier, but my experience has been there's rarely a probate within your 30-day statute of limitations.
 
Posts: 44 | Location: Wichita Falls, Texas, US | Registered: December 28, 2010Reply With QuoteReport This Post
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