Printable Format60-4111. Claims; filing of notice of receipt, form and manner. (a) (1) Only an owner of or interest holder in property seized for forfeiture may file a claim, and shall do so in the manner provided in this section. The claim shall be mailed to the seizing agency and to the plaintiff's attorney by certified mail, return receipt requested, within 60 days after the effective date of notice of pending forfeiture.
(2) The plaintiff's attorney shall file a notice of receipt with the court when a claim is received unless the claim was already filed with the court. Such filing shall include a copy of the claim and documents showing the date that the claim was mailed and received.
(b) The claim shall be signed by the claimant under penalty of perjury, K.S.A. 21-5903, and amendments thereto, and shall set forth the following:
(1) The caption of the proceedings and identifying number, if any, as set forth on the notice of pending forfeiture or complaint, the name of the claimant, and the name of the plaintiff's attorney who 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 the property; and
(4) a detailed description of when and how the claimant obtained an interest in the property.
(c) Substantial compliance with subsection (b) shall be deemed sufficient.
(d) It is permissible to assert the right against self-incrimination in a claim. If a claimant asserts the right, the court, in the court's discretion, may draw an adverse inference from the assertion against the claimant. The adverse inference shall not, by itself, be the basis of a judgment against the claimant.
History: L. 1994, ch. 339, § 11; L. 2011, ch. 30, § 225; L. 2018, ch. 26, § 8; L. 2024, ch. 79, § 5; July 1.
CASE ANNOTATIONS
1. Trial court denial of motion to set aside judgment held void as untimely was erroneous. State v. U.S. Currency in the amount of $3,743, 25 Kan. App. 2d 54, 60, 956 P.2d 1351 (1998).
2. Mailing of claim to seized property by first class mail does not comply with law, but held substantial compliance as city had actual notice of claim. City of Hoisington v. $2,044 in U.S. Currency, 27 Kan. App. 2d 825, 8 P.3d 58 (2000).
3. Provisions of section are mandatory not directory. State v. 6,618.00 U.S. Currency, 35 Kan. App. 2d 54, 128 P.3d 413 (2006).
4. Board of Indigents' Defense Services not an interest holder with right to file claim in funds seized. State ex rel. Topeka Police Dept. v. 895.00 U.S. Currency, 281 Kan. 819, 830, 133 P.3d 91 (2006).
5. Strict compliance with statute is required for a person to contest forfeiture of property. State v. One 1995 Chevrolet Caprice Classic/Impala SS, 53 Kan. App. 2d 35, 39, 382 P.3d 476 (2016).