Sec. 3. (a) The prosecuting attorney for the county in
which the seizure occurs may, within twenty-one (21) days after
receiving written notice from the owner demanding return of the seized
property or within ninety (90) days after the property is seized,
whichever occurs first, cause an action for forfeiture to be brought by
filing a complaint in the circuit or superior court in the jurisdiction
where the seizure occurred. The action must be brought:
(1) in the name of the state; and
(2) within the period that a prosecution may be commenced under
IC 35-41-4-2 for the offense that is the basis for the seizure.
(b) If the property seized was a vehicle or real property, the
prosecuting attorney shall serve, under the Indiana Rules of Trial
Procedure, a copy of the complaint upon each person whose right, title,
or interest is of record in the bureau of motor vehicles, in the county
recorder's office, or other office authorized to receive or record vehicle
or real property ownership interests.
(c) If, after the expiration of the twenty-one (21) or ninety (90) day
period described in subsection (a), the prosecuting attorney has not
filed a complaint initiating an action for forfeiture, the property shall
be returned immediately to the owner, or to a lienholder or bona fide
purchaser for value. If the property is returned without a complaint for
forfeiture having been filed, the owner, lienholder, or bona fide
purchaser for value is not liable for any costs or fees incurred in
storing, transporting, or maintaining the property.
(d) The owner of the seized property, or any person whose right,
title, or interest is of record may, within twenty (20) days after service
of the complaint under the Indiana Rules of Trial Procedure, file an
answer to the complaint and may appear at the hearing on the action.
(e) If, at the end of the time allotted for an answer, there is no
answer on file, the court, upon motion, shall enter judgment in favor of
the state and shall order the property disposed of in accordance with
section 4 of this chapter.
[Pre-1998 Recodification Citation: 34-4-30.1-3.]
As added by P.L.1-1998, SEC.19. Amended by P.L.201-2011,
SEC.108; P.L.47-2018, SEC.2.
Notes of Decisions
Jeana M. Horner v. Terry R. Curry, 125 N.E.3d 584 (Ind. 2019).
· cites it 8× “See I.C. § 34-24-1-3. And instead of using the case-specific reimbursement scheme, as under the former law, the new Statute outlines a specific formula for distributing these costs.”
State v. Combs, 921 N.E.2d 846 (Ind. Ct. App. 2010).
· cites it 6× “Ind.Code § 34-24-1-3. 2 . Combs' plea agreement is dated June 2, 2008, but a separate stipulation filed on July 14 in the civil action states that the trial court accepted Combs' plea agreement on May 30, 2008.”
Washington v. Marion Cnty. Prosecutor, 264 F. Supp. 3d 957 (S.D. Ind. 2017).
· cites it 8× “Ind. Code § 34-24-1-3 . At the .end of the applicable time period, the government may file a complaint in the circuit or superior court in the jurisdiction where the seizure occurred for the reimbursement of law enforcement costs and forfeiture, or it may return the property to…”
$100 & a Black Cadillac v. State, 822 N.E.2d 1001 (Ind. Ct. App. 2005).
· cites it 4× “Ind.Code § 34-24-1-3 contains one exception to its general rule that a judicial trial will occur prior to forfeiture of seized property.”
Martin v. Indiana State Police, 537 F. Supp. 2d 974 (S.D. Ind. 2008).
· cites it 6× “In Count VI, he alleges that the defendants violated Indiana Code § 34-24-1-3 by keeping his property without bringing a forfeiture action in an Indiana court within 180 days after the seizure.”
Victor Hugo Mesa v. State of Indiana, 5 N.E.3d 488 (Ind. Ct. App. 2014).
· cites it 14× “2 Mesa cited to Indiana Code § 34-24-1-3 but discussed the text of Indiana Code § 34-24-1-4.”
Lewis v. State, 755 N.E.2d 1116 (Ind. Ct. App. 2001).
· cites it 2× “Ind.Code § 34-24-1-3 (Burns Code Ed. Repl1998) states that the court shall, upon motion, "enter judgment in favor of the [Sltate and the unit (if appropriate)," if the owner of the seized property, or anyone with *1122 right, title or interest of record in the property, fails to…”
Allburn v. State Ex Rel. Warrick Cnty. Sheriff's Dep't, 826 N.E.2d 682 (Ind. Ct. App. 2005).
· cites it 2× “" "If, at the end of the time allotted for an, answer, there is no answer on file, the court, upon motion, shall enter judgment in favor of the state and the unit (if appropriate).”
Adams v. State, 967 N.E.2d 568 (Ind. Ct. App. 2012).
“Specifically, Adams claims that his lack of notice of the motion violated Indiana Code Sections 34-24-1-3 and -4, which expressly require adherence to the Indiana Rules of Trial Procedure before a prosecutor finally disposes of seized property.”
Angela Y. Smith v. State of Indiana (Ind. 2024).
· cites it 4× “See Ind. Code § 34-24-1-3 (d). In fact, our review of the record and other documents on Odyssey suggest that he was never personally served.”
— Ind. Code § 34-24-1-3(a) — 3 cases
Jeana M. Horner v. Terry R. Curry, 125 N.E.3d 584 (Ind. 2019).
“See I.C. § 34-24-1-3. And instead of using the case-specific reimbursement scheme, as under the former law, the new Statute outlines a specific formula for distributing these costs.”
— Ind. Code § 34-24-1-3(b) — 1 case
— Ind. Code § 34-24-1-3(d) — 3 cases
$100 & a Black Cadillac v. State, 822 N.E.2d 1001 (Ind. Ct. App. 2005).
“Ind.Code § 34-24-1-3 contains one exception to its general rule that a judicial trial will occur prior to forfeiture of seized property.”
Allburn v. State Ex Rel. Warrick Cnty. Sheriff's Dep't, 826 N.E.2d 682 (Ind. Ct. App. 2005).
“" "If, at the end of the time allotted for an, answer, there is no answer on file, the court, upon motion, shall enter judgment in favor of the state and the unit (if appropriate).”
Angela Y. Smith v. State of Indiana (Ind. 2024).
“See Ind. Code § 34-24-1-3 (d). In fact, our review of the record and other documents on Odyssey suggest that he was never personally served.”
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