State Codes and Statutes

Statutes > Kansas > Chapter60 > Article41 > Statutes_24473

60-4111

Chapter 60.--PROCEDURE, CIVIL
Article 41.--ASSET SEIZURE AND FORFEITURE

      60-4111.   Claims.(a) Only an owner of or interest holder in property seized forforfeiture may file a claim, and shall do so in the manner providedin this section. The claim shall be mailed to the seizing agencyand to the plaintiff's attorney by certified mail, return receiptrequested, within 30 days after the effective date of notice ofpending forfeiture. No extension of time for the filing of a claimshall be granted except for good cause shown.

      (b)   The claim and all supporting documents shall be in affidavitform, signed by the claimant under oath, and sworn to by theaffiant before one who has authority to administer the oath, underpenalty of perjury, K.S.A. 21-3805, and amendments thereto, or makinga false writing, K.S.A. 21-3711, and amendments thereto, and shallset forth all of the following:

      (1)   The caption of the proceedings and identifying number, ifany, as set forth on the notice of pending forfeiture or complaint,the name of the claimant, and the name of the plaintiff's attorneywho authorized the notice of pending forfeiture or complaint.

      (2)   The address where the claimant will accept mail.

      (3)   The nature and extent of the claimant's interest in theproperty.

      (4)   The date, the identity of the transferor, and a detaileddescription of the circumstances of the claimant's acquisition ofthe interest in the property.

      (5)   The specific provision of this act relied on in assertingthat the property is not subject to forfeiture.

      (6)   All essential facts supporting each assertion.

      (7)   The specific relief sought.

      History:   L. 1994, ch. 339, § 11; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter60 > Article41 > Statutes_24473

60-4111

Chapter 60.--PROCEDURE, CIVIL
Article 41.--ASSET SEIZURE AND FORFEITURE

      60-4111.   Claims.(a) Only an owner of or interest holder in property seized forforfeiture may file a claim, and shall do so in the manner providedin this section. The claim shall be mailed to the seizing agencyand to the plaintiff's attorney by certified mail, return receiptrequested, within 30 days after the effective date of notice ofpending forfeiture. No extension of time for the filing of a claimshall be granted except for good cause shown.

      (b)   The claim and all supporting documents shall be in affidavitform, signed by the claimant under oath, and sworn to by theaffiant before one who has authority to administer the oath, underpenalty of perjury, K.S.A. 21-3805, and amendments thereto, or makinga false writing, K.S.A. 21-3711, and amendments thereto, and shallset forth all of the following:

      (1)   The caption of the proceedings and identifying number, ifany, as set forth on the notice of pending forfeiture or complaint,the name of the claimant, and the name of the plaintiff's attorneywho authorized the notice of pending forfeiture or complaint.

      (2)   The address where the claimant will accept mail.

      (3)   The nature and extent of the claimant's interest in theproperty.

      (4)   The date, the identity of the transferor, and a detaileddescription of the circumstances of the claimant's acquisition ofthe interest in the property.

      (5)   The specific provision of this act relied on in assertingthat the property is not subject to forfeiture.

      (6)   All essential facts supporting each assertion.

      (7)   The specific relief sought.

      History:   L. 1994, ch. 339, § 11; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter60 > Article41 > Statutes_24473

60-4111

Chapter 60.--PROCEDURE, CIVIL
Article 41.--ASSET SEIZURE AND FORFEITURE

      60-4111.   Claims.(a) Only an owner of or interest holder in property seized forforfeiture may file a claim, and shall do so in the manner providedin this section. The claim shall be mailed to the seizing agencyand to the plaintiff's attorney by certified mail, return receiptrequested, within 30 days after the effective date of notice ofpending forfeiture. No extension of time for the filing of a claimshall be granted except for good cause shown.

      (b)   The claim and all supporting documents shall be in affidavitform, signed by the claimant under oath, and sworn to by theaffiant before one who has authority to administer the oath, underpenalty of perjury, K.S.A. 21-3805, and amendments thereto, or makinga false writing, K.S.A. 21-3711, and amendments thereto, and shallset forth all of the following:

      (1)   The caption of the proceedings and identifying number, ifany, as set forth on the notice of pending forfeiture or complaint,the name of the claimant, and the name of the plaintiff's attorneywho authorized the notice of pending forfeiture or complaint.

      (2)   The address where the claimant will accept mail.

      (3)   The nature and extent of the claimant's interest in theproperty.

      (4)   The date, the identity of the transferor, and a detaileddescription of the circumstances of the claimant's acquisition ofthe interest in the property.

      (5)   The specific provision of this act relied on in assertingthat the property is not subject to forfeiture.

      (6)   All essential facts supporting each assertion.

      (7)   The specific relief sought.

      History:   L. 1994, ch. 339, § 11; July 1.