Case Number: 2020-010278

In Appeals

On April 1, 2015, the State (Department of Public Safety / TriNet Narcotics Task Force) filed a complaint about forfeiture against the property’s owner and the subject property, alleging this home was used for trafficking narcotics (methamphetamine). The forfeiture action stayed pending resolution of the criminal proceedings against the properties owner (JOC affirmed on appeal). In June 2018, they lifted the stay, and in January 2019, the district court entered a default judgment in the State’s favor, granting forfeiture and possession of the property to the Tri-Net Narcotics Task Force. In October 2019, the client filed a motion to vacate the default judgment, alleging that she was the property owner. The District Court denied the motion to vacate, finding that the applicant was not a named party to the forfeiture proceedings and had failed to provide evidence that she was the property owner and had standing. The client appeals to the decision.

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