West Virginia Code § 60A-7-705a

Additional procedures for forfeiture
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(a) Notwithstanding the provisions of section seven hundred five of this article, forfeitable
moneys are subject to administrative forfeiture by the prosecuting attorney of a county or
duly appointed special prosecutor.
(b) An administrative forfeiture notice shall be provided by the prosecuting attorney after
the seizure of the money in question. The notice shall contain the following:
(1) A description of the money seized;
(2) A statement as to who is responsible for the seizure;
(3) A statement of the time and place of seizure;
(4) The identity of the owner or owners of the money, if known; and
(5) The identity of the person or persons in possession of the money at the time seized.
(c) At the time of filing or as soon as practicable thereafter, a copy of the petition for
forfeiture shall be served upon the owner or owners of the seized money. Should diligent
efforts fail to disclose the lawful owner or owners of the seized money, a copy of the petition
for forfeiture shall be served upon any person who was in possession or alleged to be in
possession of the money at thee time of seizure, where such person's identity is known. The
above service shall be made pursuant to the provisions of the West Virginia Rules of Civil
Procedure. L
(d) The administrative forfeiture notice shall include a statement substantially as follows: To
any claimant: "The confiscated money is subject to administrative forfeiture unless you
provide a written notice, within thirty days of receipt of this notice, that you wish to contest
this forfeiture. If you fail to provide a notice to the prosecuting attorney, you will
immWediately and forever lose all right, claim, title and interest to the confiscated money, and
it will be disposed of according to law."
(e) If, after thirty days of the delivery of notice from the prosecuting attorney as provided in
subsections (c) and (d) of this section, no notice is received from any person indicating a
desire to contest the administrative forfeiture, all right, title and interest to the confiscated
money shall immediately vest in the state, and shall be disposed of in the same manner as in
a civil forfeiture.
(f) If notice is received from any person, within the required period of time, indicating a
desire to contest the administrative forfeiture, then no forfeiture may be obtained except
through a civil forfeiture proceeding under section seven hundred five of this article.

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