June 03, 2011, 16:10
ACA RFAnimal 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 PetersonMaybe 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
I've taken the position that we collect them as civil judgments. Email me if you want to discuss futher.