When They Take Your Property
W. Va. Code § 60A-7-705 — a petition within ninety days, thirty days to answer, and an owner who did not know
Money and other things of value exchanged for, traceable to, or used to facilitate a drug violation are subject to forfeiture.
Ninety days, then thirty. A petition for forfeiture is filed within ninety days after the seizure, and served on the owner. A claimant has thirty days from service to file an answer, or the court enters an order forfeiting the property.
No property is forfeited, to the extent of an owner's interest, for an act or omission the owner establishes was committed without the owner's knowledge or consent.
An appeal is filed within one hundred twenty days of the final order. A particular seizure is a question for a licensed West Virginia attorney.
Sources for this section (2)
- W. Va. Code § 60A-7-703 — Items subject to forfeiture
- W. Va. Code § 60A-7-705 — Procedures for forfeiture
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.