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Vehicle Seizure and Forfeiture DWI Arrests

Before you begin this process, you must determine the value of the vehicle or property that has been seized. The value of the property or vehicle will determine where you file your claim either concilaition court or district court and how much you will pay for the filing fee. If the vehicle or property is worth $15,000.00 or less you will file your claim in Conciliation Court where the filing fee is $75.00. If the vehicle or property is worth more than $15,000.00, you will file your claim in District Court where the filing fee is $327.00. Forms and instructions for both courts are available below.

To download conciliation court forms for motor vehicle forfeiture for DWI offenses scroll to the bottom of the page

Instructions for Conciliation Court Judicial Review of Motor Vehicle Forfeiture for Alcohol Related Offenses
Vehicle/Property $15,000 or less

 

Citation:  Minn. Stat. 169A.63, subd. 8 and 9

 Use this form if:

·       You have received a Notice of Seizure and Intent to Forfeit.

·       You want your vehicle or property returned.

·       Your vehicle or property is worth $15,000 or less.

Within 30 days after you are served with the Notice of Seizure and Intent to Forfeit:

1.     You must file the Conciliation Court claim form for Judicial Determination in the county where the seizure took place.  For seizures occurring in Ramsey County,  claim forms are available at the Conciliation Court Office located in room 650, Ramsey County Courthouse, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102, or online at www.courts.state.mn.us/ctforms.

2.     The Conciliation Court claim form must be filed in the county where the seizure took place.  The location of the seizure will be listed on the Notice of Seizure and Intent to Forfeit that was served upon you by the prosecuting authority or the law enforcement agency of the city or municipality where the seizure took place.  Bring your copy of the Notice of Seizure and Intent to Forfeit with you to the Conciliation Court Office.  You will need to attach this Notice or a copy of it to your claim form.

3.     When you have completed the demand claim form, you must file it with  Conciliation Court.  You will be required to pay the current filing fee of $75.00 unless: the vehicle is worth less than $500.00 or you qualify for a waiver of the fee due to financial circumstances.  If you wish to apply for a waiver of the fee, you must bring proof of your income to conciliation court when you file your demand claim form.

   FILING OUT THE DEMAND CLAIM FORM FOR A JUDICIAL REVIEW

 1.  The person filing the demand is the plaintiff/claimant (your name).  The defendant is a description of the seized vehicle/property.  Example: John Smith vs. 1992 Cherokee or John Smith vs. Misc. tools/red tool box

   You must list this information in the body of the claim form:

·       the make

·       model

·       license plate number

·       VIN number

·       Other types of property must be fully described

·        The demand must specifically state the grounds on which the plaintiff alleges the vehicle was improperly seized and the plaintiff’s interest in the seized vehicle.

    The Conciliation Court staff will notify you of the hearing date, time and place.

                             SERVING THE DEMAND CLAIM FORM

      You must give the prosecuting authority and the law enforcement agency who seized the vehicle notice that you are going to court and you must give them notice within 30 days from the date that you received the Notice of Seizure and Intent to Forfeit.  

  1.  If the property value is less than $2,500.00, the Conciliation Court Office will serve the demand claim form by first class mail on the prosecuting authority and the law enforcement agency of the city or municipality where the seizure took place .
  2.  If the property is valued between $2,501.00 and $7,500.00, the demand claim form must be served on the prosecuting authority and the law enforcement agency of the city or municipality where the seizure took place, either by certified mail (as per MN Stat, 491A.01 subd. 3 (4)(b)) or personal service.  The place where the seizure took place will be listed on the Notice of Seizure and Intent to Forfeit. Personal service must be made by a disinterested third party who has no interest in the case or its’ outcome and is at least 18 years of age.  The plaintiff cannot do personal service.

 A list of prosecutors and law enforcement agencies is available from the Conciliation Court Office.

If you have been charged with a felony DWI, you must serve the County Attorney located at the Ramsey County Attorney’s Office, Civil Forfeiture Unit, Room 315, Ramsey County Government Center West, 50 West Kellogg Blvd., Saint Paul, Minnesota 55102.  You must also serve the law enforcement agency that is listed on the Notice of Seizure and Intent to Forfeit.   

  1. The person who gives the prosecuting authority and the law enforcement agency a copy of the demand claim form must fill out a form called an Affidavit of Service and file it with the Conciliation Court Office.  This must be done within 30 days from the date that you received the Notice of Seizure and Intent to Forfeit.  The Affidavit of Service form is available from conciliation court.

If the plaintiff/claimant prevails, the filing fee must be reimbursed to the person who filed the demand.  Reimbursement shall be paid from other forfeiture proceeds of the law enforcement agency or prosecuting authority pursuant to MSA 169A.63 subd. 9 (h). 

This procedure is governed by the Rules of Minnesota Civil Procedure and Minnesota Statutes 169A.63 subd. 8.  Court personnel cannot give legal advice.  The facts of each case are unique and you may need legal assistance.

 

Conciliation Court form for Judicial Review of property/vehicle seizure

03/22/07 Ramsey County

 

  to download the Demand Claim for for Judicial Review of Motor Vehicle forfeiture scroll to the bottom of this page.

       Instructions for Judicial Review of Motor Vehicle Forfeiture Alcohol Related Offenses  MS 169A.63 subd. 8 when Vehicle/Property worth more than  $15,000

 

Use this form if:

·       You have been served with a  Notice of Seizure and Intent to Forfeit.

·       You want your vehicle or property returned.

·       The vehicle/property is worth more than $15,000

Within 30 days after you are served with the Notice of Seizure and Intent to Forfeit:

You must file the Demand for a Judicial Determination form in the district court of the county where the seizure took place. Demand forms are available online at: www.courts.state.mn.us/ctforms.   For seizures that took place in Ramsey County, Demand forms are available from the Civil Division room 600, Ramsey County Courthouse, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102.

You must have the Demand form served on the prosecuting authority of the location where the seizure took place and the agency that initiated the seizure (usually law enforcement) within 30 days after you are served with the Notice of Seizure and Intent to Forfeit. 

FILING OUT THE DEMAND CLAIM FORMBRING YOUR COPY OF THE NOTICE OF SEIZURE AND INTENT TO FORFEIT

1.     The person filing the demand is the plaintiff/claimant (your name).

2.      The defendant is a description of the seized vehicle. (Example: John Smith vs. 1992 Cherokee)

You must list this information in the body of the claim form:

·       the make (Ford, Chevrolet, etc.), 

·       model (F10 pickup, Malibu, Corsica, etc.),

·       license plate number,

·       VIN number.

·       The demand must specifically state the grounds on which the plaintiff alleges the vehicle was improperly seized and the plaintiff’s interest in the seized vehicle.

3.     The original Demand form must be filed with the district court administrator in the county where  the seizure took place within 30 days after you received the Notice of Seizure and Intent to Forfeit.  The date that the Notice was served upon you can be found at the bottom of the copy of the Notice that you received.

4.     You will be notified of the date, time and place of the hearing by the District Court.

SERVING THE DEMAND FORM

The prosecuting authority of the location where the seizure took place and the appropriate agency that initiated the seizure (usually law enforcement) must receive notice of the hearing within 30 days from the date that you received the Notice of Seizure and Intent to Forfeit.  You must have a copy of the Demand form given to both the prosecuting authority of the location where the seizure took place and the appropriate agency that initiated the seizure (usually law enforcement).

1.     The Notice of  Seizure and Intent to Forfeit you will tell you the location where the seizure took place.  You must serve the prosecuting authority of that location.  A list of city prosecutors is available from the Civil Division, Room 600, Ramsey County Courthouse, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102.  You will also find the name of the agency that initiated the seizure on the Notice of Seizure and Intent to Forfeit.  A list of law enforcement agencies is also available from the Civil Division.

 2.  The plaintiff cannot serve the prosecuting authority or the agency that initiated the seizure. The Demand form must be served by a disinterested third party,that is someone who has no interest in the case or its’ outcome and is over the age of18.   He/she must personally give or serve the prosecuting authority and the agency that initiated the seizure a copy of the Demand  form.

3.     The person who gives the prosecuting authority and the agency that initiated the seizure a copy of the Demand form must fill out a form called an Affidavit of Service and file it with the court administrator.  This must also be done within 30 days from the date that you received the Notice of Seizure and Intent to Forfeit.  The Affidavit of Service form is available from the Civil Division, Room 600.

4.     When you file the Demand form, you must pay the current civil filing fee of $327.00  unless you qualify to have the fee waived.  Forms to waive the fee are available at the Civil Division, room 600, Ramsey County Courthouse, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102.  You must bring proof of your income with you when you apply for a waiver.

If you have been charged with a felony DWI, you must serve the County Attorney located at the Ramsey County Attorney’s Office, Civil Forfeiture Unit, Room 315, Ramsey County Government Center West, 50 West Kellogg Blvd., Saint Paul, Minnesota 55102.  You must also serve the law enforcement agency that is listed on the Notice of Seizure and Intent to Forfeit.   

  1. The person who gives the prosecuting authority and the law enforcement agency a copy of the demand claim form must fill out a form called an Affidavit of Service and file it with the Conciliation Court Office.  This must be done within 30 days from the date that you received the Notice of Seizure and Intent to Forfeit.  The Affidavit of Service form is available from Room 600, District Court Civil Division.

If the plaintiff/claimant prevails, the filing fee must be reimbursed to the person who filed the demand.  Reimbursement shall be paid from other forfeiture proceeds of the law enforcement agency or prosecuting authority pursuant to MSA 169A.65 subd. 9 (h).

This procedure is governed by the Rules of Minnesota Civil Procedure and Minnesota Statutes 169A.63 subd. 8.  Court personnel cannot give legal advice.  The facts of each case are unique and you may need legal assistance.

 

Demand Claim Form for Property/Vehicle worth more than $7,500.00

03/22/07 Ramsey County