A. Within sixty days after making a seizure for forfeiture or simultaneously on filing a related criminal indictment, the state shall file a notice of pending forfeiture proceeding or return the property to the person from whom it was seized. A notice of pending forfeiture proceeding must include all of the following:
1. A description of the property seized.
2. The date and place of seizure of the property.
3. The name and address of the law enforcement agency making the seizure.
4. The specific statutory and factual grounds for the seizure.
B. If the property sought to be forfeited is real property, including fixtures, the attorney for the state may file a lis pendens or a notice of pending forfeiture with respect to the property with the county recorder of the county where the property is located, in addition to any lien provided by section 13-2314.02 without a filing fee or other charge.
C. A notice of pending forfeiture proceeding must be delivered as follows:
1. If the owner's or interest holder's name and current address are known, by either:
(a) Personal service.
(b) Mailing a copy of the notice by certified mail to the address.
2. If the owner's or interest holder's interest is required by law to be on record with a county recorder's office, the secretary of state, the motor vehicle division of the department of transportation, the Arizona game and fish department or another state or federal licensing agency in order to perfect an interest in the property, but his current address is not known, by mailing a copy of the notice by certified mail to any address on the record.
3. If the owner's or interest holder's address is not known, and is not on record as provided in paragraph 2 of this subsection, or if his interest is not known, by publication in one issue of a newspaper of general circulation in the county in which the seizure occurs.
D. The notice of pending forfeiture proceeding must also be served on the person's attorney of record and all persons known or reasonably believed by the state to claim an interest in the property.
E. An owner of or interest holder in the property may file a claim against the property at any time within sixty days after the notice or sixty days before a criminal trial, whichever is later, requesting a hearing to adjudicate the validity of the claimed interest in the property. An owner or interest holder may not be charged a filing fee or any other charge for filing the claim. Copies of the claim shall be mailed to the seizing agency and to the attorney for the state.
F. The claim shall be signed by the claimant under penalty of perjury and shall set forth all of the following:
1. The caption of the proceeding as set forth on the notice of pending forfeiture or complaint and the name of the claimant.
2. The address at which the claimant will accept future mailings from the court or the attorney for the state.
3. The nature and extent of the claimant's interest in the property.
4. All facts supporting the claimant's claim in the property and its return to the claimant.
5. The precise relief sought.
Notes of Decisions
In Re U.S. Currency in the Amount of $2,390 (2012)
arizctapp · cites it 15×
“¶ 1 In this uneontested forfeiture action, the state appeals the trial court’s denial of its application for forfeiture of $2,390 in United States currency, arguing the court erred in finding the state had failed to comply with the requirements of A.R.S. § 13-4307 for giving…”
State Ex Rel. Horne v. Rivas (2011)
arizctapp · cites it 14×
“The court found that the State’s 2009 Notice sought “to cure a defect that occurred in service pursuant to A.R.S. § 13-4307 on the [Notice], filed June 10,2004.”
State Ex Rel. Brnovich v. Cisneros-Ruiz (2016)
arizctapp · cites it 8×
“¶ 9 Once a party has appeared in a forfeiture ease, service is governed by Rule 5(c) and A.R.S. § 13-4307. See A.R.S. § 13-4311(A) (“The state may serve the complaint in the manner provided by § 13-4307 or by the Arizona rules of civil procedure.”
State v. Counterman (1999)
arizctapp · cites it 7×
“AR.S. § 13-4307. This is sensible because it brings predictability to forfeiture proceedings.”
In re United States Currency in the Amount of $26,980.00 (1998)
arizctapp · cites it 2×
“Approximately one month later, after the state had served her with a notice of pending forfeiture pursuant to A.R.S. § 13-4307, Gilbert filed a claim of exemption from forfeiture pursuant to A.”
In re Approximately $50,000.00 in United States Currency (2000)
arizctapp · cites it 2×
“§ 13-4306(C) and of pending forfeiture pursuant to A.R.S. § 13-4307. Mada asked the Maricopa County Superior Court to consolidate that forfeiture action with her action in Pinal County and to change venue to Pinal County, requests the court denied.”
State v. Benson (1991)
arizctapp
“) §§ 13-4307 and 13-4309. The state, seeking to forfeit a 1985 Ford van and $70,269.”
State v. Gill (2000)
arizctapp
“”) section 13-4307 (1989) and that the $3,636.”
Rende v. State (1990)
arizctapp
“If the attorney for the state in his discretion makes uncontested forfeiture available, he shall provide notice of pending forfeiture by giving notice within thirty days after seizure for forfeiture as provided in § 13-4307 *231 to all persons known to have an interest who have…”
In re In re (2018)
arizctapp · cites it 11×
“] § 13-4307," or (2) "by the Arizona rules of civil procedure.”
— Ariz. Rev. Stat. § 13-4307(1) — 4 cases
In Re U.S. Currency in the Amount of $2,390 (2012)
arizctapp
“¶ 1 In this uneontested forfeiture action, the state appeals the trial court’s denial of its application for forfeiture of $2,390 in United States currency, arguing the court erred in finding the state had failed to comply with the requirements of A.R.S. § 13-4307 for giving…”
State Ex Rel. Horne v. Rivas (2011)
arizctapp
“The court found that the State’s 2009 Notice sought “to cure a defect that occurred in service pursuant to A.R.S. § 13-4307 on the [Notice], filed June 10,2004.”
In re In re (2018)
arizctapp
“] § 13-4307," or (2) "by the Arizona rules of civil procedure.”
— Ariz. Rev. Stat. § 13-4307(1)(a) — 1 case
— Ariz. Rev. Stat. § 13-4307(1)(b) — 2 cases
In re In re (2018)
arizctapp
“] § 13-4307," or (2) "by the Arizona rules of civil procedure.”
— Ariz. Rev. Stat. § 13-4307(2) — 1 case
State Ex Rel. Horne v. Rivas (2011)
arizctapp
“The court found that the State’s 2009 Notice sought “to cure a defect that occurred in service pursuant to A.R.S. § 13-4307 on the [Notice], filed June 10,2004.”
— Ariz. Rev. Stat. § 13-4307(3) — 2 cases
State Ex Rel. Horne v. Rivas (2011)
arizctapp
“The court found that the State’s 2009 Notice sought “to cure a defect that occurred in service pursuant to A.R.S. § 13-4307 on the [Notice], filed June 10,2004.”
— Ariz. Rev. Stat. § 13-4307(l)(a) — 1 case
In Re U.S. Currency in the Amount of $2,390 (2012)
arizctapp
“¶ 1 In this uneontested forfeiture action, the state appeals the trial court’s denial of its application for forfeiture of $2,390 in United States currency, arguing the court erred in finding the state had failed to comply with the requirements of A.R.S. § 13-4307 for giving…”
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