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So, we seized some money from a guy. The affidavit from the officer includes all the relevant specifics about the car that he was driving. The officer intended, as did we, to seize the car. However, the petition was filed for only the money. After the 30 days ran, we realized that the car was not included in the petition. So, we amended the petition to include the car. Now there's a motion to dismiss the amended petition so the defendant can get his car.

Hearing is Thursday morning.

It seems to me that notice isn't a problem, because the affidavit clearly names and describes the car.

The intent is clear.

BUT....it was after the 30 days.

Anyone else deal with this?

What do y'all think?
 
Posts: 286 | Registered: February 13, 2006Reply With QuoteReport This Post
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TDCAA    TDCAA Community  Hop To Forum Categories  Civil    Amending Asset Forfeiture Petition After 30 days

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