July 15, 2015, 11:55
Quentin RussellAsset Forfeiture
I am looking for some guidance in an unusual situation. We filed a Notice of Seizure and Intended Forfeiture on contraband currency under CCP Chapter 59. Prior to obtaining service on the respondent/defendant, the respondent/defendant died. Does the case survive his death or must it be non-suited? If it does, I suppose I will need to try to obtain service on his estate. If it does not survive, can I proceed under CCP 18.17 with the abandoned/unclaimed property procedures? What happens if I cannot serve, or even find a claimant to his estate?
Any thoughts or suggestions are very welcomed.
Feel free to give me a call I have dealt with this 806-775-1148.
September 02, 2015, 20:46
Meredith KennedyYou only do a suggestion of death and request a scire facias for a "party." If the defendant was not served and never entered an appearance, he never became a party. In that case, you amend your petition to name his heirs. How do you know who that is? That's the tricky part. I always start with the obituary. When in doubt sue the wife and all the kids, just in case the kids are from a previous marriage. If there's a probate on file, that would easier, but my experience has been there's rarely a probate within your 30-day statute of limitations.