Section 13-105 - Complaint for forfeiture. - Maryland Statutes

§ 13-105. Complaint for forfeiture.
 

(a)  Application.-  

(1) Each application for the forfeiture of contraband shall be by complaint and shall be filed in the District Court or circuit court of the county in which the contraband was seized. 

(2) The complaint shall be served in accordance with Maryland Rule 2-121 or 3-121(a), or if service of process is unable to be made and the summons is returned non est, substitute service may be made in accordance with Maryland Rule 2-122 or 3-121(b) or (c). 

(b)  Request from financial authority.-  

(1) If a conviction, including a plea of guilty or plea of nolo contendere, is entered against a person arrested in connection with the seizure of the money, the financial authority shall apply to the District Court or circuit court for an order forfeiting the money to the jurisdiction that the financial authority serves. 

(2) The financial authority shall apply for the order within 90 days after entry of the conviction or plea, unless the case is appealed. 

(c)  Forfeiture conditioned on absence of pending or undetermined suits.- Before ordering a forfeiture of the money, the court must be satisfied that no undetermined proceeding to recover the money is pending in court against the financial authority. 
 

[An. Code 1957, art. 27, § 264(c)(1), (2), (e)(3); 2001, ch. 10, § 2; ch. 289.]