Effect of failure to answer -- hearing date following answer

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23-5-182. Effect of failure to answer -- hearing date following answer. (1) If a verified answer to the petition is not filed within 20 days after service under 23-5-181, the court, upon motion, shall order the property forfeited to the state.

(2) If a verified answer is filed within 20 days after service under 23-5-181, the forfeiture proceedings must be set for hearing without a jury, to be held no sooner than 60 days after the answer is filed. Notice of the hearing must be given in the manner provided for service under 23-5-181.

History: En. Sec. 3, Ch. 134, L. 2005.


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