Tennessee Code Annotated

Tenn. Code Ann. § 40-33-206 (2026)

Claims

✓ current as of May 2026

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(a) Any person asserting a claim to any property seized pursuant to the provisions of law set out in § 40-33-201, and described on the notice of seizure, may within thirty (30) days of being notified by the applicable agency that a forfeiture warrant has issued, file with the agency a written claim requesting a hearing and stating the person's interest in the seized property for which a claim is made. The claims may be on forms provided by the applicable agency.

(b)
- (1) Except as provided in § 40-33-205(a), with the claim the claimant shall also file a cash bond or attorney or corporate surety bond in the sum of three hundred fifty dollars ($350), the bond being made payable to the state of Tennessee; and
- (2) An indigent person may file a claim in forma pauperis by filing with the claim an affidavit stating that the person is unable to bear the cost of the proceeding.

(c) If a claim or proof of a security interest is not filed with the applicable agency within the time specified by this part, the seized property shall be forfeited and disposed of as provided by law.

Acts 1994, ch. 925, § 1.

Notes of Decisions

Cited in 18 cases (5 in the last 5 years), 1996–2025 · leading case: Helms v. Tennessee Dep't of Saf., 987 S.W.2d 545 (Tenn. 1999).

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Helms v. Tennessee Dep't of Saf., 987 S.W.2d 545 (Tenn. 1999). · cites it 4× “Tenn.Code Ann. § 40-33-206 (1997). Claimants are then entitled to a contested case hearing under the Uniform Administrative Procedures Act in which the State must prove by a preponderance of the evidence that the property at issue is subject to forfeiture.”

Jones v. Greene, 946 S.W.2d 817 (Tenn. Ct. App. 1996). “§ 40-33-206 (Supp.1996). Claimants are entitled to a contested case hearing conducted in accordance with the Uniform Administrative Procedures Act.”

Abraham Asley Augustin v. Bradley Cnty. Sheriff's Off. (Tenn. Ct. App. 2019). · cites it 22× “Tenn. Code Ann. § 40-33-206 (2012). The written claim must request a hearing and state the person’s interest in the seized property, and the claimant must file any applicable bond.”

Troy Nicholas v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2018). · cites it 16× “” Tenn. Code Ann. § 40-33-204 (g). An owner asserting a claim to the seized property must then file a written claim with the agency “within thirty (30) days of being notified .”

Daysparkles Oliver v. Tennessee Dep't of Safter & Homeland Sec. (Tenn. Ct. App. 2022). · cites it 5× “See Tenn. Code Ann. § 40-33-206 (b); Tenn. Comp.”

Jayme Holland v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2022). · cites it 3× “The notice did not command her to appear at a certain time and place to do something or to defend against a charge. See Citation, BLACK’S LAW DICTIONARY (11th ed.”

James A. Farley v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2016). · cites it 2× “The Petitioner failed to file a claim with the Department within 30 days after the notice was sent to the owner of record as is required by Tenn. Code Ann. § 40-33-206 . The Petitioner filed an untimely petition for Judicial Review with this court on July 5, 2013.”

Herbert S. Moncier v. Nina Harris (Tenn. Ct. App. 2018). · cites it 2× “Tenn. Code Ann. § 40-33-206 (a). -2- Attorney’s record request was submitted under Tennessee Code Annotated section 10-7- 503, Tennessee’s Public Records Act (“TPRA”).”

Caitlin J. Groves v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2018). · cites it 2× “See Tenn. Code Ann. § 40-33-206 (a) (2018) (“Any person asserting a claim to any property seized pursuant to the provisions of law set out in § 40-33-201, .”

Tennessee Dep't of Saf. & Homeland Sec. v. David Shell (Tenn. Ct. App. 2022). · cites it 2× “See Citation, BLACK’S LAW DICTIONARY (11th ed.”

Larry Brown v. Tennessee Dep't of Saf. & Homeland & Sec. (2022). · cites it 2× “Tenn. Code Ann. § 40-33-206 (2012). The written claim must request a hearing and state the person’s interest in the seized property, and the claimant must file any applicable bond.”

Gordon Groves v. City of Knoxville (Tenn. Ct. App. 2025). · cites it 2× “Tenn. Code Ann. § 40-33-206 (2012). The written claim must request a hearing and state the person’s interest in the seized property, and the claimant must file any applicable bond.”

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— Tenn. Code Ann. § 40-33-206(a) — 3 cases

Abraham Asley Augustin v. Bradley Cnty. Sheriff's Off. (Tenn. Ct. App. 2019). “Tenn. Code Ann. § 40-33-206 (2012). The written claim must request a hearing and state the person’s interest in the seized property, and the claimant must file any applicable bond.”

Herbert S. Moncier v. Nina Harris (Tenn. Ct. App. 2017).

Jayme Holland v. Tennessee Dep't of Saf. & Homeland Sec. (Tenn. Ct. App. 2022). “The notice did not command her to appear at a certain time and place to do something or to defend against a charge. See Citation, BLACK’S LAW DICTIONARY (11th ed.”

— Tenn. Code Ann. § 40-33-206(b) — 1 case

Daysparkles Oliver v. Tennessee Dep't of Safter & Homeland Sec. (Tenn. Ct. App. 2022). “See Tenn. Code Ann. § 40-33-206 (b); Tenn. Comp.”

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