When They Take Your Property
La. R.S. 40:2610 — an owner has 30 days after the notice of pending forfeiture to claim seized property
Property subject to seizure and forfeiture includes controlled substances, property given or meant to be given in exchange for them, property used to facilitate a drug offense, the proceeds of that conduct, and weapons used or available to facilitate it.
- A district attorney who means to forfeit property gives the owner a written assertion within 45 days after the seizure.
- The notice of pending forfeiture goes by personal service or certified mail if the owner's address is known, or by publication if it is not.
- If no notice of pending forfeiture is served within 120 days of the seizure, or no forfeiture petition follows a timely claim within 90 days, the property is released from seizure on the owner's request.
- With no written assertion given in time, the owner may ask the criminal court for the property's release.
30 days to claim. Only an owner or interest holder may file a claim. It goes by certified mail, return receipt requested, to the seizing agency and the district attorney within 30 days after the notice of pending forfeiture, sworn under oath and setting out the claimant's interest, how it was acquired, and why the property is not subject to forfeiture.
A court may extend the time to claim for good cause, on a motion filed within 60 days of receiving the notice, and being in jail during the first 30 days is presumed good cause. A particular seizure is a question for a licensed Louisiana attorney.
Sources for this section (3)
- La. R.S. 40:2604 — Property subject to forfeiture
- La. R.S. 40:2608 — Commencement of forfeiture proceedings; notice of pending forfeiture; property release requirements
- La. R.S. 40:2610 — Claims
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Louisiana attorney.