Our PD has seized a few grand from a juvenile. Proving it is proceeds of dope sales is not the problem. He's a well known young "business person", but he is, alas, a minor. Forfeitures are actions in rem, but he is an actual party. Can I file the suit? Would I need to name and serve his parents? Has anyone had such a successful juvenile "business man" and done this before?

I don't know about any caselaw regarding the propriety of seizure or forfeiture from juveniles, but...

If you do file such a forfeiture, I believe you would need to style the party implicated as "(Parent) as Next Friend and/or Guardian of (Juvenile)." See Austin Nursing Ctr., Inc. v. Lovato, 171 S.W.3d 845, 849 (Tex. 2005).

Further, I believe you would need to serve the juvenile personally rather than serving the parent. See In the Estate of Bean, 120 S.W.3d 914, 920 (Tex. App.�Texarkana 2003, pet. denied) ; Wright v. Jones, 52 S.W.2d 247, 251 (Tex. Comm�n App.�1932).

Hope that helps.

Thanks. I went off on the fact forfeitures are actions in rem, and filed the suit against the parent as next friend and natural guardian, alleging the money was seized from the child. I had only the parent served, though, and will look at your cases on that issue. Thanks for the response.

Anyone looking at Bryce's reply got good information, but I'd suggest you look first at the case Texarkana cited for their reasoning - 907 S.W.2d 491.