TDCAA Community
Theft proceeds and interpleader

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December 09, 2008, 10:36
JSH
Theft proceeds and interpleader
Company has filed an interpleader placing funds in district court. The funds are the proceeds of theft and that is why company has placed them in the court.

I would like to seize these funds but I am trying to decide if I should file a petition in intervention or if I should file a Notice of Seizure and Intended Forefeiture. It seems to me, that under Ch. 59, the only way for me to do it is to literally seize the money. Do I really want to seize the money from my district court?

Has anyone had experience with this before?
December 12, 2008, 12:27
J Grace
Such a seizure should not ruffle the feathers of the District Clerk. It's not the clerk's money, no matter what happens. Since the clerk is not going to abscond with the money, I would suggest you let them know what you are doing in advance and allow them to appear with you when you get your warrant. For what it is worth, we have done this when we learn that there is forfeitable contraband in an evidence room or impund lot. We get a warrant and "seize" the money from the police...often at their request. Then we institute forfeiture proceedings under Ch. 59.