When They Take Your Property
Minn. Stat. 609.5314 — notice within 60 days, and 60 days to demand a judicial determination
What is covered. Administrative forfeiture reaches money of $1,500 or more believed to be proceeds of a controlled substance offense, money found near controlled substances, conveyance devices carrying controlled substances worth $100 or more for distribution, and firearms found in the circumstances the section lists.
Notice in 60 days. For property worth not more than $50,000, everyone known to have an interest is notified within 60 days of the seizure. The notice warns that the person arrested loses the property and the right to be heard unless they file a lawsuit and serve the prosecuting authority within 60 days, and that an owner who was not arrested loses it unless they notify the prosecuting authority in writing within 60 days.
The demand. Within 60 days after service of the notice, a claimant may demand a judicial determination by filing a civil complaint, or a conciliation court claim if the property is worth $15,000 or less. No filing fee is paid. The hearing is held no later than 90 days after the criminal prosecution ends.
No notice. If notice is not sent in time and no extension is granted, the agency returns the property to the person it was seized from.
Criminal forfeiture ordered as part of a sentence, federal forfeiture, and what may be seized in the first place are set out in other law that is not on this page. Whether a deadline has run, and what follows in a particular case, are questions for a licensed Minnesota attorney.
Sources for this section (1)
- Minn. Stat. 609.5314 — Administrative forfeiture of certain property seized in connection with a controlled substances seizure
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Minnesota attorney.