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Asset Forfeiture - Real parties

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October 02, 2008, 09:17
Gordon LeMaire
Asset Forfeiture - Real parties
We recently filed an asset forfeiture against a pickup truck. The truck was being used in the theft of air conditioners from a church (they wanted the copper).

Truck is in defendant's name and no liens.

Grandmother, who allegedly purchased truck and gave to defendant, wrote letter to DA claiming the truck should not be forfeited.

Defendant wrote letter stating truck was bequeathed by deceased grandfather (don't know relationship to grandmother above).

Forfeiture was filed and defendant served. Is grandmother a party?
October 02, 2008, 14:21
Robert S. DuBoise
Absolutely not. I had one of these a while back where the mother went with her son to the car lot, furnished the money to buy the car, but had the car titled to son.

Mom tried to intervene and court denied it. Upheld on appeal.

The only thing that matters is the owner of the car (your defendant) on the date the car is seized.
October 09, 2008, 17:03
E. Foley
Which is why, if you're an upstanding, responsible, professional drug dealer, you ensure that all of your business-use vehicles are titled in your mama/grandma/baby-mama's name. Then we DO have to serve them.
November 24, 2008, 14:03
TFidelie
I would be careful. 59.01 (6) defines an owner as anyone WHO CLAIMS an equitable or legal ownership in the property. Seeing that you are required to serve owners and interest owners to the property you may serve them as well just to be sure.