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Animal Cruelty Health & Safety Code 821.023 and Restitution

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June 03, 2011, 16:10
ACA RF
Animal Cruelty Health & Safety Code 821.023 and Restitution
I received a Judgment on Animal Cruelty case and got restitution for the state for care of the animals. The case law calls this type of case a civil forfeiture. Can I get a Writ of Execution and how to do it?
June 04, 2011, 17:38
Lisa Peterson
Maybe I'm slow, but if presuming that the animals were seized and restitution ordered - what are you wanting to "take"? The one of these that I did ages ago, the defendant signed the horses over because - once we were done on the criminal side - he had nothing left with which to feed or vet them. If you are trying to take the animals, I think you are going to have to file the forfeiture, get the judgment, and go from there - - if it's worth the time and money involved.

Lisa L. Peterson
Nolan County Attorney
June 07, 2011, 18:34
WNH
I've taken the position that we collect them as civil judgments. Email me if you want to discuss futher.