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Session Laws, 1988
Volume 770, Page 4024   View pdf image
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Ch. 586

LAWS OF MARYLAND

State's Attorney shall surrender the vehicle upon request to the
owner.

(h) (1) If the State's Attorney determines after the
recommendation of the chief law enforcement officer of the police
department, bureau, or force that seized the motor vehicle that
the motor vehicle should be forfeited to the State, the State's
Attorney, within 45 days after the seizure of the motor vehicle,
shall:

(i) Petition in the circuit court of the
appropriate subdivision in the name of the State of Maryland
against the motor vehicle as designated by make, model, year, and
motor or serial number; and

(ii) At the same time send copies of the

petition by registered or certified mail to each registered owner

and any secured party noted among the records of the Motor
Vehicle Administration.

(2)  The petition for forfeiture shall contain:

(i) The names of the registered owners of the
motor vehicle;

(ii) The name of any secured party whose
interest appears among the records of the Motor Vehicle
Administration;

(iii) A statement of the facts and
circumstances surrounding the seizure of the motor vehicle;

(iv) A statement setting forth the specific
causes or grounds for forfeiture or both;

(v) A statement setting forth any contention
that any registered owner or secured party knew or should have
known that the motor vehicle was being or was to be used in
violation of this subtitle; and

(vi) A prayer that the motor vehicle be
forfeited to the State of Maryland.

(VII) AN OATH OR AFFIRMATION BY THE STATE'S
ATTORNEY THAT THE CONTENTS OF THE PETITION ARE TRUE TO THE BEST
OF THE STATE'S ATTORNEY'S KNOWLEDGE, INFORMATION AND BELIEF.

(3)  (i) Within 7 days of the filing of the petition
for forfeiture, notice of the seizure and forfeiture proceeding
shall be made by publication in one or more newspapers published
in the county in which the action is brought or, if there is no
paper published in the county, in a newspaper having a
substantial circulation in the county.

- 4024 -

 

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Session Laws, 1988
Volume 770, Page 4024   View pdf image
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