809A.11 Claims — petitions for recognition of exemption. 1. Only an owner of or interest holder in property seized for forfeiture may file a claim, and shall do so in the manner provided in this section. The claim shall be mailedto the seizing agency and to the prosecuting attorney by restricted certified mail or otherservice which indicates the date on which the claim was received by the seizing agencyand prosecuting attorney within thirty days after the effective date of notice of pendingforfeiture. An extension of time for the filing of a claim shall only be granted for good causeshown for mistake, inadvertence, surprise, excusable neglect, or unavoidable casualty. 2. The prosecuting attorney shall make an opportunity to file a petition for recognition of exemption available by so indicating in the notice of pending forfeiture described in section809A.8, subsection 2. 3. The claim or petition and all supporting documents shall be in affidavit form, signed by the claimant under oath, and sworn to by the affiant before one who has authority toadminister the oath, under penalty of perjury and shall set forth all of the following: a. ffidavit form, signed by the claimant under oath, and sworn to by the affiant before one who has authority toadminister the oath, under penalty of perjury and shall set forth 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, the name of the claimant or petitioner, and the name ofthe prosecuting attorney who authorized the notice of pending forfeiture or complaint. b. The address where the claimant or petitioner will accept mail.c. The nature and extent of the claimant’s or petitioner’s interest in the property.d. The date, the identity of the transferor, and the circumstances of the claimant’s or petitioner’s acquisition of the interest in the property. e. The specific provision of law relied on in asserting that the property is not subject to forfeiture. f. All essential facts supporting each assertion. g. The specific relief sought.96 Acts, ch 1133, §11Referred to in §715A.8, 809A.8, 809A.12, 809A.12A, 809A.14 Sat Dec 23 12:34:25 2023 Iowa Code 2024, Section 809A.11 (17, 0)
Iowa Legal Code