IN THE MATTER OF THE PROPERTY SEIZED FOR FORFEITURE FROM JESSY EARL FOLEY JESSY EARL FOLEY, Defendant-Appellant.
from the Iowa District Court for Polk County, Odell G.
McGhee, District Associate Judge.
Foley appeals the district court's order forfeiting cash
seized from his person after eluding law enforcement
Foley, Anamosa, pro se.
J. Miller, Attorney General, and Martha E. Trout, Assistant
Attorney General, for appellee.
Considered by Vogel, P.J., and Potterfield and Mullins, JJ.
Foley appeals the forfeiture of $513 in cash seized from his
person after he eluded police officers. After officers seized
the cash, Foley was provided notice of seizure for
forfeiture. The State then filed an in rem forfeiture
complaint. The complaint provided specific requirements for
Foley's answer. In relevant part, the complaint states:
To contest this forfeiture, you must file an Answer with the
Polk County Clerk of Court within twenty (20) days of the
service of the In Rem Forfeiture Complaint. Failure to file
an Answer within this time period extinguishes your right in
this property. To preserve your interest in this property,
your Answer must comply with Section 809A.13 of the Iowa Code
[(2016)]. The Answer must be signed under penalty of perjury
and must contain all of the following:
A. The caption of the proceedings and identifying number, if
any, as set forth on the notice of pending forfeiture or
complaint and the name of the claimant;
B. The address where the claimant will accept mail;
C. The nature and extent of the claimant's interest in
D. The date, the identity of the transferor, and the
circumstances of the claimant's acquisition of the
interest in the property;
E. The specific provision of this chapter relied on in
asserting that it is not ...