{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-991a-19","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-991a-19","heading":"Seizure of property – Forfeiture for sale – Notice and","body":"hearing – Petition for return – Release of property.\n\nA. Any peace officer of this state shall seize any property,\n\nexcept property exempt under Section 1 of Title 31 of the Oklahoma\n\nStatutes, to be held until a forfeiture for sale has been declared\n\nor release ordered.\n\nB. Within ten (10) days from the time the property is seized,\n\nnotice of seizure and intended forfeiture proceeding shall be filed\n\nin the office of the clerk of the district court for the county in\n\nwhich the property is seized and shall be given all owners and\n\nparties in interest.\n\nC. Notice shall be given by the party seeking forfeiture and\n\nsale according to the following methods:\n\n1. Upon each owner or party in interest whose right, title or\n\ninterest is of record at the Tax Commission, by mailing a copy of\n\nthe notice by certified mail to the address shown upon the records\n\nof the Tax Commission;\n\n2. Upon each owner or party in interest whose name and address\n\nis known to the attorney or the party seeking the action to recover\n\nunpaid restitution, by mailing a copy of the notice by registered\n\nmail to the last-known address; and\n\n3. Upon all other owners or interested parties, whose addresses\n\nare unknown, but who are believed to have an interest in the\n\nproperty, by one publication in a newspaper of general circulation\n\nin the county where the seizure was made.\n\nD. Within sixty (60) days after the mailing and 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\nproperty described in the notice.\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 exemption under Section 1 of\n\nTitle 31 of the Oklahoma Statutes and shall order the property\n\nforfeited and sold to pay restitution, if such property is not\n\nproved exempt.\n\nF. If a verified answer is filed, the forfeiture for sale\n\nproceeding shall be set for hearing not less than ten (10) days nor\n\nmore than sixty (60) days after the filing of the answer.\n\nG. At a hearing on the forfeiture, the evidence of ownership\n\nand exemption under Section 1 of Title 31 of the Oklahoma Statutes\n\nshall be satisfied by a preponderance of the evidence.\n\nH. The claimant of any right, title or interest in the property\n\nmay prove a lien, mortgage or conditional sales contract to be a\n\nbona fide ownership interest by a preponderance of the evidence.\n\nI. In the event of such proof, the court shall order the\n\nproperty released to the bona fide owner, lienholder, mortgagee or\n\nvendor if the amount due such party is equal to, or in excess of,\n\nthe value of the property 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 offender.\n\nJ. If the amount due to such person is less than the value of\n\nthe property, or if no bona fide claim is established, the property\n\nshall be forfeited and sold under judgment of the court, as on sale\n\nupon execution.\n\nK. Property taken or detained under this section shall not be\n\nrepleviable, but shall be deemed to be in the custody of the office\n\nof the district attorney of the county in which the property was\n\nseized, subject only to the orders and decrees of the court having\n\njurisdiction thereof.\n\nL. The proceeds of the sale of any property shall be\n\ndistributed as follows, in the order indicated:\n\n1. To the bona fide purchaser, conditional sales vendor or\n\nmortgagee of the property, if any, up to the amount of such party’s\n\ninterest in the property, when the court declaring the forfeiture\n\norders a distribution to such person;\n\n2. To the payment of the actual expenses of storing the\n\nproperty;\n\n3. To the payment of court costs and costs of the sheriff in\n\nconducting the sale;\ner indicated:\n\n1. To the bona fide purchaser, conditional sales vendor or\n\nmortgagee of the property, if any, up to the amount of such party’s\n\ninterest in the property, when the court declaring the forfeiture\n\norders a distribution to such person;\n\n2. To the payment of the actual expenses of storing the\n\nproperty;\n\n3. To the payment of court costs and costs of the sheriff in\n\nconducting the sale;\n\n4. To the payment of restitution to the victim; and\n\n5. The balance of the proceeds of such sale shall be paid to\n\nthe defendant.\n\nM. If the court finds that the party seeking the forfeiture\n\nfailed to satisfy the requirements provided for in subsection G of\n\nthis section, the court shall order the property released to the\n\nowner or owners.\n\nN. Upon failure to give the notice of seizure and intended\n\nforfeiture as provided in subsections B and C of this section, any\n\nowner or party in interest may petition the court for return of the\n\nproperty. The court shall schedule a hearing within ten (10) days\n\nof the filing of the petition for return of the property. The\n\npetitioner shall be required to prove ownership interest or other\n\nclaim to the property, and the court shall return the property if\n\nthe claim is proved by a preponderance of the evidence and the\n\nproperty is not otherwise required as evidence in a criminal\n\nprosecution. Failure to give the notice of seizure and intended\n\nforfeiture shall not be construed to prohibit, deny, void or dismiss\n\nany criminal prosecution or serve as grounds for any motion to\n\nsuppress evidence.\n\nO. In addition to other provisions of this section, seized\n\nproperty shall be released upon the following conditions:\n\n1. Dismissal of a forfeiture proceeding;\n\n2. Failure to file criminal charges within ninety (90) days\n\nfrom the date of seizure, provided the property is held as evidence\n\nand not forfeited to the state or returned to an owner or party in\n\ninterest as provided in subsection N of this section. Provided,\n\nhowever, the district attorney may request the court to grant an\n\nextension beyond the ninety-day limitation for filing charges if a\n\ncriminal investigation may result in charges being filed after that\n\ntime. If an extension to file criminal charges is granted, the\n\nseized property may be held until the court orders the property\n\nreleased; or\n\n3. Dismissal or acquittal of criminal charges, provided the\n\nproperty is held as evidence and not forfeited to the state or\n\nreturned to an owner or party in interest as provided in subsection\n\nN of this section.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"0884d1bf78f2a38fe6b72754596c02f05f1fdf8dd94e7a72153cb0b14ad1ff78","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-991a-18","next":"us-ok/okla.-stat.-tit.-22-22-991a-2"},"notice":"GroundRules: Original legal text. Not legal advice."}