P.R. Laws tit. 34, § 1724j

2019-02-21 00:00:00+00
§ 1724j. Forfeited property—Notice of forfeiture

The Administrative Director of the Board shall notify the forfeiture and the appraisal of the forfeited property to the following persons:

(a) The person in possession of the property at the time it was seized.

(b) Those persons that the Administrative Director considers to be the owners due to the circumstances, information, and belief.

(c) In the case of motor vehicles, the record owner according to the Registry of Motor Vehicles of the Department of Transportation and Public Works shall also be notified, as well as the secured creditor as of the date of the seizure.

(d) In the case of real property, the record owner according to the Property Registry of the municipality where the property is located shall be notified, as well as the mortgage institution that, as of the date of the seizure, is recorded in said Registry as the secured lien holder of the property.

Notice of all forfeitures shall be served by certified mail within the jurisdictional term of thirty (30) days as of the date of the seizure of the property. Notice shall be sent to the known address of the alleged owner, the person in charge of, or person with right over or interest in the property according to the record of the forfeiture.

In the case of motor vehicles which are seized by virtue of §§ 3201 et seq. of Title 9, known as the “Act for the Protection of Vehicular Property”, notice shall be sent within thirty (30) days following the thirty (30)-day term provided for law enforcement officers to conduct an investigation on the seized property. A vehicle seized pursuant to the Act for the Protection of Vehicular Property shall not be forfeited to the Government of Puerto Rico until the process provided for in said Act concludes. The vehicle shall be kept under Police custody until the corresponding investigation concludes.

In cases where the property is seized and kept for the purpose of an investigation related to a criminal, civil, or administrative action, or when a property is essential to the investigation or as evidence in the case, the term to conclude the investigation and issue an order of forfeiture shall not exceed ninety (90) days. The thirty (30)-day term to issue a notice of forfeiture shall begin to count once said action has concluded and the corresponding order of forfeiture is entered.

History —July 12, 2011, No. 119, § 13; Sept. 15, 2012, No. 252, § 4.