§ 574. Reopening of forfeiture proceeding

(a) At any time within one year after a vehicle, air or water craft, or other conveyance has been adjudged forfeited, a claimant may provide notice to the State‘s Attorney of the county and, upon showing that he or she had no knowledge of the forfeiture hearing, may apply to the court that entered the judgment of forfeiture to have the case reopened. The court may require the claimant to give security by posting a bond to the State in a sufficient sum, as the court directs, conditioned on the claimant prosecuting his or her claim to effect and paying the costs awarded against him or her.

(b) If upon rehearing the claimant establishes his or her claim, the court shall certify to the Commissioner of Finance and Management the amount of the claim, which shall not exceed the net amount actually realized by the State from the sale of the vehicle, air or water craft, or other conveyance, and the Commissioner of Finance and Management shall issue his or her warrant to pay the sum. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 10, eff. April 9, 1974; 1983, No. 195 (Adj. Sess.), § 5(b); 2017, No. 83, § 92.)