{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-2002","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-2002","heading":"Seizures - Forfeiture or release - Hearing - Bona fide","body":"claims - Liens - Attorney fees - Proceeds of sale - Common carriers.\n\nA. Any commissioned peace officer of this state is authorized\n\nto seize any currency, negotiable instrument, monetary instrument,\n\nequipment or property used or involved in, used to facilitate,\n\ndelivered from or traceable to a violation of Section 2001 of this\n\ntitle. The seized item may be held as evidence until a forfeiture\n\nhas been declared or a release ordered. Forfeiture actions under\n\nthis section may be brought by the district attorney or Attorney\n\nGeneral in the proper county of venue as petitioner; provided, in\n\nthe event the district attorney or Attorney General elects not to\n\nfile such action, or fails to file such action within ninety (90)\n\ndays of the date of the seizure of the item, the item shall be\n\nreturned to the owner.\n\nB. Notice of seizure and intended forfeiture proceeding shall\n\nbe filed in the office of the clerk of the district court for the\n\ncounty wherein the item is seized and shall be given all owners and\n\nparties in interest.\n\nC. Notice shall be given according to one of the following\n\nmethods:\n\n1. Upon each owner, lienholder, or party in interest whose name\n\nand address is known, served in the manner of service of process in\n\ncivil cases prescribed by Section 2004 of Title 12 of the Oklahoma\n\nStatutes; or\n\n2. Upon all other owners, whose addresses are unknown, but who\n\nare believed to have an interest in the property by one publication\n\nin a newspaper of general circulation in the county where the\n\nseizure was made.\n\nD. Within sixty (60) days after the mailing or publication of\n\nthe notice, the owner of the property and any other party in\n\ninterest or claimant may file a verified answer and claim to the\n\nitem described in the notice of seizure and of the intended\n\nforfeiture proceeding.\n\nE. If at the end of sixty (60) days after the notice has been\n\nmailed or published there is no verified answer on file, the court\n\nshall hear evidence upon the fact of the unlawful use and may order\n\nthe item forfeited to the state, if such fact is proven.\n\nF. If a verified answer is filed, the forfeiture proceeding\n\nshall be set for hearing.\n\nG. Proceedings under this section shall be special proceedings.\n\nH. At the hearing the petitioner shall prove by a preponderance\n\nof the evidence that property was used in the attempt or commission\n\nof an act specified in subsection A of this section with knowledge\n\nby the owner of the item.\n\nI. The claimant of any right, title, or interest in the item\n\nmay prove the lien, mortgage, or conditional sales contract to be\n\nbona fide and that the right, title, or interest created by the item\n\nwas created without any knowledge or reason to believe that the item\n\nwas being, or was to be, used for the purpose charged.\n\nJ. In the event of such proof, the court may order the item\n\nreleased to the bona fide or innocent owner, lienholder, mortgagee,\n\nor vendor if the amount due such person is equal to, or in excess\n\nof, the value of the item as of the date of the seizure, it being\n\nthe intention of this section to forfeit only the right, title, or\n\ninterest of the purchaser.\n\nK. If the amount due to such person is less than the value of\n\nthe item, or if no bona fide claim is established, the item may be\n\nforfeited to the state and may be sold pursuant to judgment of the\n\ncourt, as on sale upon execution, and as provided in Section 2-508\n\nof Title 63 of the Oklahoma Statutes, except as otherwise provided\n\nfor by law.\n\nL. A seized item taken or detained pursuant to this section\n\nshall not be repleviable, but shall be deemed to be in the custody\n\nof the petitioner or in the custody of the law enforcement agency.\n\nThe petitioner shall release the seized item to the owner of the\n\nitem if it is determined that the owner had no knowledge of the\n\nillegal use of the item or if there is insufficient evidence to\nby law.\n\nL. A seized item taken or detained pursuant to this section\n\nshall not be repleviable, but shall be deemed to be in the custody\n\nof the petitioner or in the custody of the law enforcement agency.\n\nThe petitioner shall release the seized item to the owner of the\n\nitem if it is determined that the owner had no knowledge of the\n\nillegal use of the item or if there is insufficient evidence to\n\nsustain the burden of showing illegal use of the item. If the owner\n\nof the property stipulates to the forfeiture and waives the hearing,\n\nthe petitioner may determine if the value of the item is equal to or\n\nless than the outstanding lien. If such lien exceeds the value of\n\nthe item, the item may be released to the lienholder. A seized item\n\nwhich has not been released by the petitioner shall be subject to\n\nthe orders and decrees of the court or the official having\n\njurisdiction thereof.\n\nM. Attorney fees shall not be assessed against the state or the\n\npetitioner for any actions or proceeding pursuant to this section.\n\nN. The proceeds of the sale of any property shall be\n\ndistributed as follows, in the order indicated:\n\n1. To the bona fide or innocent purchaser, conditional sales\n\nvendor, or mortgagee of the item, if any, up to the amount of the\n\ninterest of that person in the property, when the court declaring\n\nthe forfeiture orders a distribution to such person;\n\n2. To the payment of the actual reasonable expenses of\n\npreserving the item;\n\n3. To the victim of the crime to compensate the victim for any\n\nloss incurred as a result of the act for which the item was\n\nforfeited; and\n\n4. The balance to a revolving fund in the office of the county\n\ntreasurer of the county wherein the property was seized, to be\n\ndistributed as follows: one-half (1/2) to the investigating law\n\nenforcement agency and one-half (1/2) to the district attorney to be\n\nused to defray any lawful expenses of the office of the district\n\nattorney. If the petitioner is not the district attorney, then the\n\none-half (1/2) which would have been designated to that office shall\n\nbe distributed to the petitioner.\n\nO. If the court finds that the item was not used in the attempt\n\nor commission of an act specified in subsection A of this section\n\nand was not an item subject to forfeiture pursuant to subsection B\n\nof this section, the court shall order the item released to the\n\nowner as the right, title, or interest as determined by the court.\n\nP. No vehicle, airplane, or vessel used by a person as a common\n\ncarrier in the transaction of business as a common carrier shall be\n\nforfeited pursuant to the provisions of this section unless it shall\n\nbe proven that the owner or other person in charge of such\n\nconveyance was a consenting party or privy to the attempt or\n\ncommission of an act specified in subsection A or B of this section.\n\nNo item shall be forfeited pursuant to the provisions of this\n\nsection by reason of any act or omission established by the owner\n\nthereof to have been committed or omitted without the knowledge or\n\nconsent of such owner, and by any person other than such owner while\n\nthe item was unlawfully in the possession of a person other than the\n\nowner in violation of the criminal laws of the United States or of\n\nany state.\n\nQ. Whenever any item is forfeited pursuant to this section, the\n\ndistrict court having jurisdiction of the proceeding may order that\n\nthe forfeited item may be retained for its official use by the\n\nstate, county, or municipal law enforcement agency which seized the\n\nitem.","path":["OK Code","Title 21"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"3c9375a97b3aef783c59a89f2251c3601ef2566160d85e1b48322d8cc508a097","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-2001","next":"us-ok/okla.-stat.-tit.-21-21-20a"},"notice":"GroundRules: Original legal text. Not legal advice."}