Section 1327. Proceedings to determine adverse claims  


Latest version.
  • Prior to the
      application of property or debt to the satisfaction of a  judgment,  any
      person,  other  than  a  party to the action, who has an interest in the
      property subject to forfeiture may commence a special proceeding against
      the claiming authority to determine the rights of adverse  claimants  to
      the  property  or  debt,  and in such proceeding shall serve a notice of
      petition upon the claiming agent and upon each party in the same  manner
      as  a  notice  of  motion. The proceeding may be commenced in the county
      where the property was levied upon, or in the county where the order  of
      attachment  is  filed. The court may vacate or discharge the attachment,
      void the levy, direct the disposition of the property  or  debt,  direct
      that  undertakings  be  provided  or released, or direct that damages be
      awarded.  Where there appear to be disputed questions of fact, the court
      shall order a separate trial,  indicating  the  person  who  shall  have
      possession  of  the  property pending a decision and the undertaking, if
      any, which such person shall give. If  the  court  determines  that  the
      adverse  claim  was  fraudulent  or  made  without  any reasonable basis
      whatsoever, it may require the claimant to pay  the  claiming  authority
      the reasonable expenses incurred in the proceeding, including reasonable
      attorney's  fees, and any other damages suffered by reason of the claim.
      The commencement of the proceeding  shall  not  of  itself  subject  the
      adverse  claimant  to  personal  jurisdiction with respect to any matter
      other than the claim asserted in the proceeding.