How Long Do You Have to Fight Asset Forfeiture in Texas?

Key Takeaways

• Texas asset forfeiture cases move quickly, and missing a filing deadline can result in the permanent loss of your property, even if you are never convicted of a crime.
• The state generally has 30 days after a seizure to file a Notice of Seizure and Intended Forfeiture and formally begin the forfeiture case.
• Asset forfeiture proceedings are separate from criminal cases, so waiting for criminal charges to be resolved can jeopardize your ability to recover seized property.
• After you are served with a forfeiture lawsuit, you generally must file an answer by 10:00 a.m. on the Monday following 20 days after service.
• Failing to file a timely answer can allow the Texas prosecutor to obtain a default judgment and keep your property.
• Contacting a civil asset forfeiture attorney immediately can help protect your rights, preserve available defenses, and ensure important deadlines are not missed.

In Texas, all kinds of property can be subject to asset forfeiture. This includes cash, motor vehicles, and even real estate. If it happens to you, you’re going to be angry and frustrated, but you’ll also be more intent on dealing with the criminal allegations than getting your confiscated property back. At least at first.

While no one could blame you for these priorities, taking this approach could cause you to lose the assets permanently. Texas civil asset forfeiture cases run separately from any criminal case, so if you don’t contest the seizure on time, everything can be forfeited, even if you’re never convicted of a crime. In this post, you’ll learn how long the state has to start a forfeiture case and why you need to act fast to protect what’s yours.

Texas Asset Forfeiture Explained

In Texas, the asset forfeiture system allows the government to seek ownership of property allegedly connected to certain criminal activity. Unlike a criminal prosecution, which is filed against a person, a forfeiture action is filed against the property itself.

Texas asset forfeiture cases are governed by Chapter 59 of the Texas Code of Criminal Procedure. Under that law, District Attorneys may pursue forfeiture of property they believe was used in the commission of certain crimes, obtained through criminal activity like the drug trade, or intended to be used to commit an offense. Property that may be subject to forfeiture laws include: 

• Cash
• Vehicles
• Firearms
• Real estate
• Bank accounts
• Business assets
• Other items the government claims are linked to criminal conduct

In many situations, property owners assume that if criminal charges are dismissed or never filed, their property will automatically be returned. Texas law doesn’t work that way. The forfeiture case proceeds separately and can continue regardless of what happens in a related criminal investigation and prosecution.

Another common misconception is that property owners have plenty of time to decide how they want to respond. In reality, forfeiture law cases are governed by court deadlines that begin running shortly after the government files suit and serves notice on interested parties. Missing a deadline can place a property owner at a serious disadvantage and, in some seizure cases, result in the loss of the property without a trial.

The State Has 30 Days to File a Forfeiture Case

Texas law imposes a deadline on the state as well. Under Chapter 59 of the Texas Code of Criminal Procedure, prosecutors can’t hold seized property indefinitely, without taking formal legal action. Instead, the attorney representing the state has 30 days from the date of seizure to begin the forfeiture case, which involves filing a Notice of Seizure and Intended Forfeiture with the district court clerk, usually in the county where the asset seizure occurred. 

After the state files this notice, it must serve you with the petition and citation. Service in a forfeiture case works the same way it does in any other civil lawsuit filed in Texas: you, or any other interest holder in the property, should receive formal notice through citation, typically delivered by a constable, sheriff, or by certified mail.

If the state fails to file within the 30-day period, you may have grounds to challenge the case. A civil asset forfeiture attorney can review the timeline and confirm whether the state followed the required procedures – which they don’t always do. 

The Most Important Deadline: Responding After You Are Served

Texas law requires forfeiture cases to follow the same pleading rules as other civil suits. Under Texas Rule of Civil Procedure 99, you generally must file a written answer by 10:00 a.m. on the Monday following the expiration of 20 days after service. This deadline applies regardless of your criminal case status, including if you haven’t been formally charged at all.

Property owners miss this deadline for several reasons. Some assume their criminal defense attorney will handle the forfeiture case automatically. Others believe the property will be returned once the criminal case resolves, or they set aside paperwork received by certified mail without realizing what it represents. Any of these actions can result in losing the right to contest the forfeiture altogether.

What Happens If You Miss the Deadline for Responding?

If you don’t file your answer on time, the state can ask the court for a default judgment, meaning that your property is forfeited without you having a chance to mount a defense. In effect, the state wins the case simply because no one answered on time.

Once a civil court hearing results in a final forfeiture judgment, recovering your property becomes far more difficult. In some seizure cases, the property may already be sold or otherwise disposed of by the time you try to act. Acting promptly after service gives you access to defenses and remedies that disappear once a default judgment is entered.

Can You Still Fight the Case After Filing an Answer?

Filing your answer marks the beginning of formal civil litigation. It also stops the state from obtaining a default judgment. From this point forward, the litigation unfolds much like any other Texas civil suit, with each party engaging in pretrial procedures before the case potentially reaches trial. This stage can extend for several months, depending on the civil court’s docket and how the seizure itself unfolded.

Once you’ve filed your answer, your civil asset forfeiture attorney can conduct discovery, which involves requesting records, reports, and other evidence connected to the seizure and the events leading up to it. They can also: 

• Investigate the underlying stop, search, or arrest to identify any procedural or constitutional violations. Was there probable cause to stop your car and search the vehicle compartments, for example?
• Negotiate directly with the District Attorney to explore a resolution that returns some or all of your property. 

If a resolution can’t be reached, your attorney can challenge the state’s evidence and take the case to trial.

Texas law requires the state to establish by a preponderance of the evidence that your property is connected to criminal activity and subject to forfeiture. This standard means the state must show its claim is more likely true than not, and if it can’t meet that standard, the court may rule in your favor.

Why You Should Contact an Asset Forfeiture Attorney Right Away

Asset forfeiture cases are highly time-sensitive. From the moment property is seized, important deadlines begin approaching, and opportunities to challenge the government’s actions can become more limited as time passes. The earlier an attorney gets involved, the more time there is to prepare a strategy for contesting the forfeiture.

Once you have legal counsel, they can:

• File Your Response on Time: A civil forfeiture case may involve different filing requirements, service issues, court dates, and procedural rules. Missing any of those deadlines can place a property owner at a disadvantage before the case has even begun.
• Investigate the Seizure: A civil forfeiture abuse lawyer can review the law enforcement agency reports, interview any witnesses, and collect records supporting your ownership of the property. In many cases, documents such as bank statements, business records, purchase agreements, titles, receipts, and tax records can help contest forfeiture allegations.
• Negotiate With Prosecutors: An experienced attorney can communicate directly with District Attorneys and the court. This helps ensure that opportunities for early resolution are explored when appropriate. It also reduces the risk of statements or actions that could unintentionally harm your position.

If your cash, vehicle, bank account, business assets, or other property has been seized, waiting is rarely in your best interest. Taking legal action right away helps protect your right to challenge the forfeiture and get your property back sooner rather than later.

FAQs About Asset Forfeiture Deadlines in Texas

Does the Government Need a Criminal Conviction to Keep My Property?

No. Asset forfeiture proceedings are separate from criminal prosecutions. The government may pursue forfeiture even if criminal charges have not been filed, are still pending, or are ultimately dismissed. That is one reason property owners should take a forfeiture lawsuit seriously regardless of the status of any related criminal case.

Does Filing an Answer Automatically Return My Property?

No. Filing an answer preserves your right to contest the forfeiture action, but reclaiming property is not automatic. The case will continue through litigation unless it is resolved through dismissal, settlement, court order, or another outcome.

Should I Wait Until My Criminal Case Is Resolved Before Fighting Forfeiture?

In most situations, waiting is not a good idea. Asset forfeiture cases operate on their own deadlines and are not automatically suspended simply because a criminal case is pending. If you wait for the criminal case to conclude, you may miss important filing deadlines and lose the opportunity to challenge the forfeiture altogether.

Was Your Property Seized? Call the Law Office of Amanda Skillern Now!

If law enforcement officers have seized your cash, vehicle, bank account, business assets, or other property, contact The Law Office of Amanda Skillern, PLLC immediately for a confidential consultation. Amanda Skillern’s background in asset forfeiture litigation allows her to take swift action to protect clients’ rights, challenge forfeiture claims, and pursue the return of seized property. The deadline to fight forfeiture may be closer than you think, so call us at 832-954-4722 or contact our legal team online today.