So, we seized some money from a guy. The affidavit from the officer includes all the relevant specifics about the car that he was driving. The officer intended, as did we, to seize the car. However, the petition was filed for only the money. After the 30 days ran, we realized that the car was not included in the petition. So, we amended the petition to include the car. Now there's a motion to dismiss the amended petition so the defendant can get his car.

Hearing is Thursday morning.

It seems to me that notice isn't a problem, because the affidavit clearly names and describes the car.

The intent is clear.

BUT....it was after the 30 days.

Anyone else deal with this?

What do y'all think?

I think you're out of luck on anything you don't file on prior to the expiration of 30 days. I think you can amend to change nearly anything in your pleadings, but not to add additional seized stuff. I haven't done any research on this though, so I could be wrong.

I'm wondering, because the affidavit was clear on both the car and money, if that's going to be enough to allow us to amend.