Iowa Code

Iowa Code § 809A.11 (2026)

Claims — petitions for recognition of exemption

✓ current as of July 2026

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1. Only an owner of or interest holder in property seized for forfeiture may file a claim, and shall do so in the manner provided in this section. The claim shall be mailed to the seizing agency and to the prosecuting attorney by restricted certified mail or other service which indicates the date on which the claim was received by the seizing agency and prosecuting attorney within thirty days after the effective date of notice of pending forfeiture. An extension of time for the filing of a claim shall only be granted for good cause shown for mistake, inadvertence, surprise, excusable neglect, or unavoidable casualty.

2. The prosecuting attorney shall make an opportunity to file a petition for recognition of exemption available by so indicating in the notice of pending forfeiture described in section 809A.8, subsection 2.

3. The claim or petition and all supporting documents shall be in affidavit form, signed by the claimant under oath, and sworn to by the affiant before one who has authority to administer the oath, under penalty of perjury and shall set forth all of the following:

a. The caption of the proceedings and identifying number, if any, as set forth on the notice \n Tue Dec 09 21:53:52 2025 Iowa Code 2026, Chapter 809A (25, 0) 9 FORFEITURE REFORM ACT, §809A.12\n\nof pending forfeiture or complaint, the name of the claimant or petitioner, and the name of the prosecuting attorney who authorized the notice of pending forfeiture or complaint.

b. The address where the claimant or petitioner will accept mail.

c. The nature and extent of the claimant’s or petitioner’s interest in the property.

d. The date, the identity of the transferor, and the circumstances of the claimant’s or petitioner’s acquisition of the interest in the property.

e. The specific provision of law relied on in asserting that the property is not subject to forfeiture.

f. All essential facts supporting each assertion.

g. The specific relief sought. 96 Acts, ch 1133, §11 Referred to in §715A.8, 809A.8, 809A.12, 809A.12A, 809A.14 \n

Notes of Decisions

Cited in 5 cases, 2004–2018 · leading case: In the Matter of Prop. Seized from Jean Carlos Herrera & Fernando Rodriguez, 912 N.W.2d 454 (Iowa 2018).

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In the Matter of Prop. Seized from Jean Carlos Herrera & Fernando Rodriguez, 912 N.W.2d 454 (Iowa 2018). · cites it 8× “(quoting Iowa Code § 809A.11 ). We explained, Where the prosecuting attorney commenced forfeiture pursuant to a verified complaint, however, there is no notice of pending forfeiture and no requirement that a claim be filed within thirty days.”

In Re Prop. Seized for Forfeiture From Young, 780 N.W.2d 726 (Iowa 2010). · cites it 4× “That section provides, “Only an owner of or an interest holder in the property who has timely filed a proper claim pursuant to section 809A.11 may file an answer in an action in rem.”

In Re the Prop. Seized for Forfeiture From Williams, 676 N.W.2d 607 (Iowa 2004). · cites it 4× “This may be true if Williams claimed an exemption under section 809A.11. Williams, however, did not base her arguments for dismissal of the forfeiture action on section 809A.”

In the Matter of Prop. Seized for Forfeiture From Bryce U. Larue, Bryce U. Larue (Iowa Ct. App. 2016). · cites it 2× “The court determined the State established a basis for forfeiture of the property and LaRue did not properly challenge the State’s action under Iowa Code section 809A.11 or section 809A.13 (2013).”

In The Matter Of Prop. Seized For Forfeiture From Michael Wayne Young, Michael Wayne Young (Iowa 2010). · cites it 3× “Under Iowa Code section 809A.11(1), a proper claim in seized property is timely filed “within thirty days after the effective date of notice of pending forfeiture.”

— Iowa Code § 809A.11(1) — 2 cases

In Re Prop. Seized for Forfeiture From Young, 780 N.W.2d 726 (Iowa 2010). “That section provides, “Only an owner of or an interest holder in the property who has timely filed a proper claim pursuant to section 809A.11 may file an answer in an action in rem.”

In The Matter Of Prop. Seized For Forfeiture From Michael Wayne Young, Michael Wayne Young (Iowa 2010). “Under Iowa Code section 809A.11(1), a proper claim in seized property is timely filed “within thirty days after the effective date of notice of pending forfeiture.”

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