How to Get Seized Property Back in the State of Oklahoma
There are many reasons for an individual's personal property to end up in the custody of the state: It may have been seized during the execution of a search warrant, or it may have been recovered by the police after being stolen. Whatever the reason, having the property returned does depend on the particular circumstances surrounding its seizure. Moreover, property seized that was originally acquired illegally and held illegally -- such as narcotics -- cannot be recovered. Regardless of the nature of the seizure, an Oklahoma resident attempting to locate and recover seized property can navigate the system with the assistance of his local court clerk's office.
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Instructions
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Gather proof of ownership of the property, such as receipts, and any information that can help identify the item, such as serial numbers or photographs. Retain any receipts that may have been issued at the time the property was seized.
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Determine why the property was seized.
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Visit the State Treasurer's website, listed in the resources section of this article, to search for unclaimed property. If necessary, contact the Unclaimed Property Division of the State Treasurer's office at:
2401 NW 23rd St.
Suite 42
Oklahoma City, OK 73107
405-521-4273
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Contact your county court clerk's office for information on locating and requesting the return of seized property. Submit a formal petition to the appropriate state agency or precinct requesting the property's return.
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Obtain an Application for the Return of Allegedly Stolen or Embezzled Property from the clerk if it has been recovered and is in police custody. Submit the follow-up notices to interested parties. Attend the hearing and provide evidence of ownership. Be sure to include the filing fees and publication fees required by the court clerk.
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Determine whether the property is being used as evidence in an ongoing trial or investigation. Submit a request for the property's return to the appropriate precinct if it is not part of any ongoing processes.
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Consult a qualified attorney about filing a lawsuit if the property is not returned or if it has been listed as forfeit and put up for auction or destruction.
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Tips & Warnings
If you know where the property is located, you can save time by contacting that agency directly and requesting instructions or assistance in recovering the property.
Once you submit a request to a police department, they will be required to submit a letter affirming the possession of the property within 15 days.
Because requesting the return of property is time sensitive, requests should be made as soon as possible. If a piece of property is still part of an ongoing investigation, the request will help ensure that the item is not disposed of after the case is concluded.
If an individual's property is sold to a third party, that individual may be able to request a refund from his local police precinct after buying it back.
If property remains in state custody for too long, it may be auctioned or destroyed. The minimum time for property storage varies throughout the state. For example, the process to sell or destroy property in Oklahoma City can start after 90 days, and formal notices will be publicly posted prior to the final disposition of the property.
