Terms Used In Louisiana Revised Statutes 40:2610

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Interest holder: means a secured party within the meaning of La. See Louisiana Revised Statutes 40:2601
  • Oath: A promise to tell the truth.
  • Owner: means a person, other than an interest holder, who has an interest in property and, if required by law, is in compliance with any statute requiring recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value. See Louisiana Revised Statutes 40:2601
  • Property: means anything of value, including movables and immovables, including the whole of any lot or tract of land and corporeal and incorporeal movable property, including currency, instruments, or securities, or any other kind of privilege, claim, or right and includes any interest therein. See Louisiana Revised Statutes 40:2601

            A. 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 district attorney by certified mail, return receipt requested, within thirty days after Notice of Pending Forfeiture. The court may grant an extension of time for the filing of a claim pursuant to this Section for good cause shown. Incarceration of an owner or interest holder during the original thirty-day period shall create a rebuttable presumption of good cause as to the owner or interest holder. A motion requesting an extension shall be filed within sixty days after receipt of the Notice of Pending Forfeiture.

            B. The claim 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 or false swearing and shall set forth all of the following:

            (1) The caption of the proceedings as set forth on the Notice of Pending Forfeiture or petition and the name of the claimant.

            (2) The address where the claimant will accept mail.

            (3) The nature and extent of the claimant’s interest in the property.

            (4) The date, identity of the transferor, and the circumstances of the claimant’s acquisition of the interest in the property.

            (5) The specific provision of this Chapter relied on in asserting that the property is not subject to forfeiture.

            (6) All essential facts supporting each assertion.

            (7) The specific relief sought.

            Acts 1989, No. 375, §1, eff. Jan. 1, 1990; Acts 2022, No. 698, §1.