{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-365","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-365","heading":"Insurance-related crime property - Forfeiture - Replevin","body":"A. The following are subject to forfeiture:\n\n1. Any tool used to commit an insurance-related crime;\n\n2. Any implement of an insurance-related crime;\n\n3. Any instrumentality of an insurance-related crime; and\n\n4. Any fruit of an insurance-related crime.\n\nB. A forfeiture of an item or other conveyance encumbered by a\n\nbona fide security interest is subject to the interest of the\n\nsecured party where the secured party neither had knowledge of nor\n\nconsented to the act or omission forming the ground for the\n\nforfeiture.\n\nC. Property, described in subsection A of this section, seized\n\nand held for forfeiture shall not be subject to replevin and is\n\nsubject only to the order and judgments of a court of competent\n\njurisdiction hearing the forfeiture proceedings.\n\nD. 1. The district attorney in the county where the seizure\n\noccurs or the Attorney General or the Insurance Department shall\n\nbring an action for forfeiture in a court of competent jurisdiction.\n\nThe forfeiture action shall be brought within sixty (60) days from\n\nthe date of seizure except where the attorney prosecuting the\n\nforfeiture in the sound exercise of discretion determines that no\n\nforfeiture action should be brought because of the rights of\n\nproperty owners, lienholders or secured creditors or because of\n\nexculpatory, exonerating or mitigating facts and circumstances.\n\n2. The attorney prosecuting the forfeiture shall give notice of\n\nthe forfeiture proceeding by mailing a copy of the complaint in the\n\nforfeiture proceeding to each person whose right, title, or interest\n\nof record in the Oklahoma Tax Commission, the Department of Public\n\nSafety, the Federal Aviation Agency, or any other department of the\n\nstate or any other state or territory of the United States, or of\n\nthe federal government, if the property is required to be registered\n\nin any such department.\n\n3. Notice of the proceeding shall be given to any other person\n\nas may appear, from the facts and circumstances, to have any right,\n\ntitle or interest in or to the property.\n\n4. The owner of the property or any person having or claiming\n\nright, title or interest in the property may, within sixty (60) days\n\nafter the mailing of the notice, file a verified answer to the\n\ncomplaint and may appear at the hearing on the action for\n\nforfeiture.\n\n5. The attorney prosecuting the forfeiture shall show at a\n\nforfeiture hearing, by a preponderance of the evidence, that the\n\nproperty was used in the commission of a violation of an insurance-\n\nrelated crime, or was the fruit of an insurance-related crime.\n\n6. The owner of property may show by a preponderance of the\n\nevidence that the owner did not know and did not have reason to know\n\nthat the property was to be used or possessed in the commission of\n\nany violation or that any of the exceptions to forfeiture are\n\napplicable.\n\n7. Unless the attorney prosecuting the forfeiture shall make\n\nthe showing required of it, the court shall order the property\n\nreleased to the owner. Where the attorney prosecuting the\n\nforfeiture has made such a showing, the court may order:\n\na. the property to be destroyed by the agency which\n\nseized it or some other agency designated by the\n\ncourt,\n\nb. the property be delivered and retained for use by the\n\nInsurance Department, or\n\nc. the property be sold at public sale.\n\nE. A copy of a forfeiture order shall be filed with the sheriff\n\nof the county in which the forfeiture occurs and with each federal\n\nor state department with which the property is required to be\n\nregistered. The order, when filed, constitutes authority for the\n\nissuance to the Insurance Department of a title certificate,\n\nregistration certificate or other special certificate as may be\n\nrequired by law considering the condition of the property.\n\nF. Proceeds from sale at public auction, after payment of all\n\nreasonable charges and expenses incurred by the agency designated by\nrequired to be\n\nregistered. The order, when filed, constitutes authority for the\n\nissuance to the Insurance Department of a title certificate,\n\nregistration certificate or other special certificate as may be\n\nrequired by law considering the condition of the property.\n\nF. Proceeds from sale at public auction, after payment of all\n\nreasonable charges and expenses incurred by the agency designated by\n\nthe court to conduct the sale in storing and selling the property,\n\nshall be paid to the Insurance Department Anti-Fraud Revolving Fund.\n\nG. Seizing agencies shall utilize their best efforts to arrange\n\nfor the towing and storing of motor vehicles in the most economical\n\nmanner possible. The owner of a motor vehicle or a motor vehicle\n\npart shall not be required to pay more than the minimum reasonable\n\ncosts of towing and storage.\n\nH. A seized item that is neither forfeited nor unidentifiable\n\nshall be held subject to the order of the court in which the\n\ncriminal action is pending or, if a request for its release from the\n\ncustody is made until the district attorney has notified the\n\ndefendant or the defendant's attorney of the request and both the\n\nprosecution and defense have been afforded a reasonable opportunity\n\nfor an examination of the property to determine its true value and\n\nto produce or reproduce, by photographs or other identifying\n\ntechniques, legally sufficient evidence for introduction at trial or\n\nother criminal proceedings. Upon expiration of a reasonable time\n\nfor the completion of the examination which shall not exceed\n\nfourteen (14) days from the date of service upon the defense of the\n\nnotice of request for return of property as provided, the property\n\nshall be released to the person making the request after\n\nsatisfactory proof of the person's entitlement to the possession\n\nthereof. Upon application by either party with notice to the other,\n\nthe court may order retention of the property if it determines that\n\nretention is necessary in the furtherance of justice.\n\nI. When a seized item is forfeited, restored to its owner or\n\ndisposed of as unidentifiable, the seizing agency shall retain a\n\nreport of the transaction for a period of at least one (1) year from\n\nthe date of the transaction.\n\nJ. When an applicant for a certificate of title or salvage\n\ncertificate presents to the Oklahoma Tax Commission proof that the\n\napplicant purchased or acquired an item at a public sale conducted\n\npursuant to this section and the fact is attested to by the seizing\n\nagency, the Oklahoma Tax Commission shall issue the appropriate\n\ncertificate of title upon receipt of the statutory fee and properly\n\nexecuted application for a certificate of title.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"b82aed209348b0a5f708ac592f891f78f336cc7bdb9e319a40171685e46b2790","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-3649","next":"us-ok/okla.-stat.-tit.-36-36-3651"},"notice":"GroundRules: Original legal text. Not legal advice."}