I have a few old (2004-2006)seizure files that I have discovered were filed but never served. However, they have not been dismissed for want of prosecution.

Any guidance as to what my options are with these old files? Is it too late to try to track down the Respondents? And, if they cannot be located, what's next?

Thanks for your insight.

I don't know all of your facts, but the intervening lapse of years without issuance or service of citation doesn't bode well. There would need to be a fairly creative argument on due diligence to overcome a limitations defense, assuming you could even serve a proper party at this point. See $24,156.00 in U.S. Currency v. State, 247 S.W.3d 739, 745-47 (Tex. App.--Texarkana 2008, no pet.). Not knowing what the seized property is makes it a bit difficult to suggest an alternative, but if you can make a colorable argument that the property isn't "contraband subject to forfeiture under Chapter 59," you could consider disposition under CCP art. 18.17.

The general obligation to use due diligence in serving citation applies in forfeiture cases. You will need to have a good explanation for why you have not served these respndents. We have several (4 or 5) old, unserved forfeiture cases, but ours all involve fugitive respondents. Our automated docket system means that the court contacts me about once every 6 months for a status report. My explanation is that these respondents have warrants issued for their arrest and every law enforcement agency in the country is on notice to find and apprehend them. Once they are apprehended, my clock starts running again to get them served.