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Statutes Text

Article - Criminal Procedure


    (a)    A complaint seeking forfeiture shall contain:

        (1)    a description of the property seized;

        (2)    the date and place of the seizure;

        (3)    the name of the owner, if known;

        (4)    the name of the person in possession, if known;

        (5)    the name of each lienholder, if known or reasonably subject to discovery;

        (6)    an allegation that the property is subject to forfeiture;

        (7)    if the forfeiting authority seeks to forfeit a lienholder’s interest in property, an allegation that the lien was created with actual knowledge that the property was being or was to be used in violation of the Controlled Dangerous Substances law;

        (8)    a statement of the facts and circumstances surrounding the seizure;

        (9)    a statement setting forth the specific grounds for forfeiture; and

        (10)    an oath or affirmation by the forfeiting authority that the contents of the complaint are true to the best of the forfeiting authority’s knowledge, information, and belief.

    (b)    Within 20 days after the filing of the complaint, copies of the summons and complaint shall be sent by certified mail requesting “restricted delivery – show to whom, date, address of delivery” and first–class mail to all known owners and lienholders whose identities are reasonably subject to discovery, including all real property owners and lienholders shown in the records required by law for notice or perfection of the lien.

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