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Chapter 59 - Return of Seized Property upon Nonsuit / Dismissal

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May 14, 2013, 22:24
AStrauss
Chapter 59 - Return of Seized Property upon Nonsuit / Dismissal
County treasurer is processing a return of seized cash because the suit was dismissed. Defense attorney is demanding payment be made immediately and threatening suit against treasurer / county if return of seized property is not made immediately. What is the time limit for returning seized property after the case is dismissed or forfeiture denied by court?


A. Strauss
May 29, 2013, 12:43
Meredith Kennedy
A judgment is not final for 30 days. I have always argued that we have at least the 30 days after the Court orders the return to return the property. Within 30 days, the Court could entertain motions for reconsideration, for example, which would make the return inappropriate.