When They Take Your Property
Crim. Proc. art. 59.04 — the state commences forfeiture not later than the 30th day after the seizure, with notice served on the owner
Thirty days to commence. If a peace officer seizes property under the chapter, the attorney representing the state commences forfeiture proceedings not later than the 30th day after the date of the seizure, by filing a notice of the seizure and intended forfeiture with the clerk of the district court.
Served like a lawsuit. Certified copies of the notice are served on the owner and any interest holder in the same manner as citation in a civil case. For a vehicle, the state asks the Department of Motor Vehicles for the record owner, and a person in possession who is not the owner is notified the same way.
Posted, then default. If citation to a vehicle owner's record address comes back unserved, the notice is posted at the courthouse door for not less than 30 days, and if the owner does not answer or appear, the court enters a default judgment. An owner whose interest is forfeited that way is not liable for court costs.
The innocent owner. An owner's interest may not be forfeited if the owner proves by a preponderance of the evidence that it was acquired before or during the act giving rise to forfeiture and the owner did not know, and should not reasonably have known, of it; or that it was acquired for value afterward but before the seizure, without reasonable cause to believe the property was contraband.
A bond. Property other than evidence, money, a negotiable instrument or a security may be replevied by the owner on a bond equal to its appraised value, conditioned on returning it on the day of the forfeiture hearing.
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 Texas attorney.
Sources for this section (2)
- Crim. Proc. art. 59.04 — Notification of forfeiture proceeding
- Crim. Proc. art. 59.02 — Forfeiture of contraband
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.