August 31, 2011, 16:02
ACA RFChapter 59 Forfeiture
Can you file a forfeiture hearing in JP Court?
September 01, 2011, 11:07
John GreenwoodChapter 59 forfeitures can ONLY be filed in a District Court. See 59.04(b). Are you possibly thinking of a forfeiture under Art. 18.18 or 18.19?
[This message was edited by John Greenwood on 09-01-11 at .]
September 01, 2011, 11:12
ACA RFI believed that it could only be done in District Court, but one was filed in JP Court in my county.
September 02, 2011, 09:15
Scott BrumleyThe discussion above is correct about the fact that jurisdiction over a chapter 59 forfeiture proceeding is fixed in district court. The only note I would add is that, under art. 18.10, a motion for return of seized property may be filed with the magistrate who issued the search warrant, so you may want to ensure that isn't the case.
See In re Cornyn, 27 S.W.3d 327, 335-36 (Tex. App.--Houston [1st Dist.] 2000, no pet.) (magistrate who issues warrant has dominant jurisdiction over suit for return of property seized under warrant).