§ 21-12-306. PETITION FOR FORFEITURE.

(a)

In general. If the County Attorney determines that the minibike should be forfeited to the county, within 90 days after the seizure of the minibike, the County Attorney shall:

(1)

Petition in the circuit court for the county in the name of the county against the minibike as designated by make, model, year, and motor or serial number; and

(2)

At the same time, send copies of the petition by registered or certified mail to each registered owner and any secured party noted.

(b)

Contents. The petition for forfeiture shall contain:

(1)

The name of the registered owners of the minibike;

(2)

The name of any secured party whose interest appears among the records maintained by the Clerk of the Circuit court for the county;

(3)

A statement of the facts and circumstances surrounding the seizure of the minibike;

(4)

A statement setting forth the specific causes or grounds for forfeiture or both; and

(5)

A prayer that the minibike be forfeited to the county.

(c)

Notice.

(1)

Within 7 days after the filing of the petition for forfeiture, notice of the seizure and forfeiture proceeding shall be made by publication in one or more newspapers of general circulation published in the county.

(2)

The notice shall state:

(i)

The substance and object of the forfeiture petition; and

(ii)

That any person claiming an interest in the seized minibike shall file a defense to the petition within 15 days after the date of the notice.

(d)

Defense.

(1)

Any defense to the petition shall be filed within 15 days after publication of the notice required in subsection (c) of this section.

(2)

All defenses to a petition for forfeiture shall be made by answer.

(1988 Code, § 21-224) (Bill No. 72-00, § 2, 7-1-2004)