Iowa Code 809A.15 – Substituted assets — supplemental remedies
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Terms Used In Iowa Code 809A.15
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- property: includes personal and real property. See Iowa Code 4.1
809A.15 Substituted assets — supplemental remedies.
1. The court shall order the forfeiture of any other property of a person, including a
claimant, up to the value of that person’s property found by the court to be subject to forfeiture under this chapter, if the prosecuting attorney proves by clear and convincing evidence that any of the following applies to the person’s forfeitable property:
a. The forfeitable property cannot be located.
b. The forfeitable property has been transferred or conveyed to, sold to, or deposited with a third party.
c. The forfeitable property is beyond the jurisdiction of the court.
d. The forfeitable property has been substantially diminished in value while not in the actual physical custody of the court, the seizing agency, the prosecuting attorney, or their designee.
e. The forfeitable property has been commingled with other property that cannot be divided without difficulty.
f. The forfeitable property is subject to any interest of another person which is exempt from forfeiture under this chapter.
2. a. The prosecuting attorney may institute a civil action in district court against any person with notice or actual knowledge who destroys, conveys, encumbers, removes from the jurisdiction of the court, conceals, or otherwise renders unavailable property alleged to be subject to forfeiture if either of the following applies:
(1) A forfeiture lien or notice of pending forfeiture has been filed and notice given pursuant to § 809A.8.
(2) A complaint pursuant to § 809A.13 alleging conduct giving rise to forfeiture has been filed and notice given pursuant to § 809A.8.
b. The court shall enter a final judgment in an amount equal to the value of the lien not to exceed the fair market value of the property, or if a lien does not exist, in an amount equal to the fair market value of the property, together with reasonable investigative expenses and attorney fees.
c. If a civil proceeding under this chapter is pending in court, the action shall be heard by that court.
96 Acts, ch 1133, §15; 2017 Acts, ch 114, §12, 15
Referred to in §809A.4, 809A.8
2017 amendment to subsection 1, unnumbered paragraph 1, applies to forfeiture proceedings that begin on or after July 1, 2017; 2017
Acts, ch 114, §15
1. The court shall order the forfeiture of any other property of a person, including a
claimant, up to the value of that person’s property found by the court to be subject to forfeiture under this chapter, if the prosecuting attorney proves by clear and convincing evidence that any of the following applies to the person’s forfeitable property:
a. The forfeitable property cannot be located.
b. The forfeitable property has been transferred or conveyed to, sold to, or deposited with a third party.
c. The forfeitable property is beyond the jurisdiction of the court.
d. The forfeitable property has been substantially diminished in value while not in the actual physical custody of the court, the seizing agency, the prosecuting attorney, or their designee.
e. The forfeitable property has been commingled with other property that cannot be divided without difficulty.
f. The forfeitable property is subject to any interest of another person which is exempt from forfeiture under this chapter.
2. a. The prosecuting attorney may institute a civil action in district court against any person with notice or actual knowledge who destroys, conveys, encumbers, removes from the jurisdiction of the court, conceals, or otherwise renders unavailable property alleged to be subject to forfeiture if either of the following applies:
(1) A forfeiture lien or notice of pending forfeiture has been filed and notice given pursuant to § 809A.8.
(2) A complaint pursuant to § 809A.13 alleging conduct giving rise to forfeiture has been filed and notice given pursuant to § 809A.8.
b. The court shall enter a final judgment in an amount equal to the value of the lien not to exceed the fair market value of the property, or if a lien does not exist, in an amount equal to the fair market value of the property, together with reasonable investigative expenses and attorney fees.
c. If a civil proceeding under this chapter is pending in court, the action shall be heard by that court.
96 Acts, ch 1133, §15; 2017 Acts, ch 114, §12, 15
Referred to in §809A.4, 809A.8
2017 amendment to subsection 1, unnumbered paragraph 1, applies to forfeiture proceedings that begin on or after July 1, 2017; 2017
Acts, ch 114, §15