A Minnesota Lawyer Explains the Government’s Playbook for Taking Your Property Under § 609.5313
You’ve already been through the shock of having your property seized by the police. Now, a formal legal document arrives in the mail. It’s not just a simple notice; it’s a lawsuit. The document is called a “Complaint,” and it’s captioned with something strange: the plaintiff is the State of Minnesota or a county attorney, and the defendant is your property—your car, your cash, your home. This is the moment the government officially begins the court process to take what is yours forever. It’s confusing, intimidating, and filled with legal jargon and deadlines that are designed to work against you.
You are now in a formal judicial forfeiture action, and the government has just started the clock on a very specific set of rules they must follow. These rules, laid out in Minnesota Statute § 609.5313, are not mere suggestions; they are a strict procedural roadmap. If the government deviates from that map—if they miss a deadline, file the wrong paperwork, or fail to provide proper notice—their entire case can fall apart. This is where a seemingly small technicality can become the key to getting your property back.
You cannot be expected to know these intricate rules, but I do. As a Minnesota defense attorney who fights forfeiture cases across the state, from Minneapolis and St. Paul to Rochester and Duluth, my job is to know the government’s playbook better than they do. I scrutinize every document and every date to find the errors that can lead to a dismissal. The government has started the fight, but they have to play by the rules. This is where we can beat them.
What Is a “Judicial Forfeiture Action” in Minnesota?
When the government wants to permanently keep your property, they can’t just put it in their bank account or add it to their fleet of vehicles. Because you have a constitutional right to your property, they must go through a court process to get legal title to it. This court process is the “judicial forfeiture action.” It is a formal civil lawsuit where a prosecutor (the plaintiff) asks a judge to grant them ownership of your property (the defendant). You, the owner, are the “claimant” in this action—the one fighting to get your property back.
This process is entirely governed by Minnesota Statute § 609.5313. The law dictates how the lawsuit must be started, who must be notified, and when it all has to happen. Think of it as the rulebook for the forfeiture game. It exists to ensure that the government’s immense power is checked and that your due process rights are protected. When you are facing a forfeiture accusation in Minnesota, understanding this procedure is just as important as understanding the facts of the underlying criminal case. A mistake by the government here can be a complete victory for you.
Minnesota’s Forfeiture Procedure Law — Straight from the Statute
The specific law that controls how the government must sue your property is Minnesota Statute § 609.5313. This statute is your first line of defense, as it puts strict obligations on the prosecutor. Their failure to comply with this section can be fatal to their case. It is short, direct, and powerful.
Here is the exact language of the law:
609.5313 FORFEITURE BY JUDICIAL ACTION; PROCEDURE.
(a) The forfeiture of property under sections 609.5311 and 609.5312 is governed by this section. A separate complaint must be filed against the property stating the act, omission, or occurrence giving rise to the forfeiture and the date and place of the act or occurrence. Within 60 days from when the seizure occurs, the prosecuting authority shall notify the owner or possessor of the property of the action, if known or readily ascertainable. The action must be captioned in the name of the prosecuting authority or the prosecuting authority’s designee as plaintiff and the property as defendant. Upon motion by the prosecuting authority, a court may extend the time period for sending notice for a period not to exceed 90 days for good cause shown.
(b) If notice is not sent in accordance with paragraph (a), and no time extension is granted or the extension period has expired, the appropriate agency shall return the property to the person from whom the property was seized, if known. An agency’s return of property due to lack of proper notice does not restrict the right of the agency to commence a forfeiture proceeding at a later time. The agency shall not be required to return contraband or other property that the person from whom the property was seized may not legally possess.
Breaking Down the Government’s Procedural Duties
For the government to win its forfeiture lawsuit, it must prove its case on the merits. But before it even gets that chance, it must first prove that it followed the correct procedure to start the lawsuit. This is not a trivial matter. These procedural requirements are constitutional safeguards. As your lawyer, I will put the government’s compliance under a microscope to ensure they have met every single one of these obligations.
- A Separate and Specific Complaint: The government can’t just say they want your property. They must file a formal, separate civil complaint with the court. This document must specifically state the “act, omission, or occurrence giving rise to the forfeiture,” including the date and place it happened. Vague or boilerplate allegations are not enough. If the complaint filed in Hennepin or Ramsey County court is defective, we can move to have it dismissed for failing to state a valid claim.
- The Critical 60-Day Notice Deadline: This is the most important procedural rule in the statute. The prosecuting authority must notify you of the forfeiture lawsuit within 60 days of the date your property was seized. This is a hard deadline. It’s not 61 days. It’s not “around two months.” If they seized your car in a Plymouth suburb on March 1st, they have until April 30th to notify you. If they fail, they may be forced to return your property.
- Possible Extension for “Good Cause”: The government can ask a judge for an extension of the notice deadline, but they can’t get one automatically. They have to file a formal motion and prove they have “good cause” for the delay. Vague excuses or simple carelessness do not count as good cause. We can fight these motions for extension and argue to the judge that the government simply dropped the ball and does not deserve more time.
- Proper Service and Captioning: The lawsuit must be correctly named, with the prosecuting authority as the plaintiff and the property itself as the defendant (e.g., “State of Minnesota vs. One 2022 Ford F-150”). Furthermore, the notice must be properly served on you as the owner. If they send it to the wrong address or fail to make a reasonable effort to find you, the notice is invalid, and their lawsuit could be dismissed.
When the Government Slips Up: The Power of a Procedural Error
What happens when the government fails to follow the rules laid out in § 609.5313? The consequences can be devastating for their case. While forfeiture law is generally tough, these procedural requirements are one of the few areas where the law is squarely on the side of the property owner. A procedural victory means you may get your property back without ever having to argue the facts of the underlying criminal case. The Minnesota sentencing guidelines for the criminal offense become irrelevant if we can defeat the forfeiture on a technicality. This is why hiring an attorney who pays attention to every detail is so critical.
Missing the 60-Day Deadline
If the prosecutor fails to send notice of the forfeiture action within 60 days of the seizure and has not been granted an extension by a judge, the statute is clear: the agency shall return the property. This is a powerful remedy. It forces the government’s hand and can result in you getting your car, cash, or other property back simply because the prosecutor’s office was too slow or disorganized.
Defective Complaint or Notice
If the complaint filed with the court or the notice sent to you is legally insufficient—if it fails to state the basis for the forfeiture or is missing key information—we can file a motion to dismiss the case. A judge can throw out the government’s lawsuit because they failed to properly initiate it, forcing them to start over or, in some cases, abandon the effort altogether.
What Procedural Errors Look Like in Real Life — Common Scenarios
These government mistakes are not just theoretical possibilities; they happen in real cases across Minnesota. A busy prosecutor’s office can easily lose track of a file or miss a critical date. Here are some common scenarios where a procedural error could lead to a victory for you.
The Missed Deadline in Hennepin County
Your car was seized in Minneapolis following a DWI arrest on June 1st. You don’t hear anything for weeks, then months. Finally, on August 15th—75 days after the seizure—you receive the forfeiture complaint in the mail. Because the Hennepin County Attorney’s Office missed the 60-day deadline and never got an extension, we can immediately file a demand for the return of your vehicle.
The Vague Complaint in Rochester
The government seizes cash from you during a search in Rochester, claiming it’s connected to a drug offense. They file a complaint on time, but the complaint simply says the money “is the proceeds of a violation of Minnesota Statutes Chapter 152.” This is likely not specific enough. The law requires them to state the specific act, date, and place. We can challenge this vague complaint as legally insufficient and move for dismissal.
The “Bad Cause” Extension in Duluth
The St. Louis County Attorney’s office realizes on day 59 that they haven’t sent notice for your seized ATV. They file a hurried motion for a 90-day extension, claiming their office has a heavy caseload. A heavy caseload is generally not considered “good cause” for an extension. We would appear in court in Duluth to argue against the motion, stating that their lack of organization is not a valid reason to deny your right to prompt notice.
The Wrongful Service in Eagan
The government tries to forfeit a vehicle you co-own with your son. They serve him with the lawsuit at his apartment in Eagan but make no effort to find and serve you, even though your name is also on the title and your address is easily found. Because you were a known owner who was not properly notified, we can challenge the entire proceeding on the grounds of improper service of process.
Using Procedure as a Weapon: How We Fight the Lawsuit
A forfeiture notice is designed to make you feel like you’ve already lost. My approach is to treat it as the government’s opening move in a game we are prepared to win. I immediately go on the offensive, using the procedural rulebook of § 609.5313 as a weapon to dismantle their case before it even gets off the ground.
An aggressive procedural defense sends a clear message to the prosecutor: we will not be pushed around, and we will hold you accountable for every single rule. This approach can lead to a quick victory, or at the very least, put us in a much stronger position to negotiate a favorable settlement, such as the return of your property in exchange for a small payment.
Filing a Motion to Dismiss for Missed Deadlines
The very first thing I do is check the dates. I compare the date of seizure with the date of service of the complaint. If the government is even one day late, I will file a motion to dismiss the forfeiture and demand the immediate return of your property. This is a non-negotiable part of my defense strategy. Many lawyers overlook this; I never do.
- Strict Compliance is Required: Courts across Minnesota understand that these deadlines are not suggestions. We will argue that the law requires strict compliance and that the government’s failure to meet the deadline, for any reason short of a court-approved extension, is fatal to their case.
- No Second Chances: While the statute says the government can try to start a new case later, forcing them to return the property first is a major victory. It disrupts their process, costs them time and money, and signals to the court that their case is being handled carelessly.
Challenging the Legal Sufficiency of the Complaint
The government’s lawsuit must be legally sound from the moment it is filed. I will review the complaint line by line to ensure it meets all the requirements of the law. If it doesn’t, I will attack it.
- Failure to State a Claim: If the complaint is vague or fails to connect your property to a specific criminal act, we will file a motion arguing that it fails to state a valid legal claim for forfeiture. This can lead to an early dismissal.
- Improper Captioning or Parties: We will ensure the lawsuit is properly named and that all necessary parties have been included and properly served. A mistake in the fundamental setup of the lawsuit can render it invalid.
Contesting a “Good Cause” Motion for Extension
If the government tries to get an extension on their 60-day notice deadline, we will not simply let them have it. We will show up to court and fight it.
- Holding Them to the Standard: We will argue to the judge that “good cause” means a legitimate, unforeseen circumstance, not just being busy or disorganized. We will demand that the prosecutor provide a compelling reason for their delay.
- Arguing Prejudice to You: We will explain to the court how the government’s delay is harming you. Every day they hold your car, you are unable to get to work. Every day they hold your cash, you are unable to pay your bills. This prejudice can persuade a judge to deny their request.
Minnesota Forfeiture Procedure FAQs — What You Need to Know Now
When you’re facing a lawsuit against your property, the procedure can be the most confusing part. Here are some answers to the most common procedural questions I get from clients.
What exactly is a forfeiture “complaint”?
A complaint is the official legal document that starts a lawsuit. In a forfeiture case, it is filed in civil court by the prosecutor. It names your property as the defendant, states why the government believes it has the right to keep it, and asks a judge to grant them ownership.
What happens if the government misses the 60-day deadline?
If the government fails to notify you within 60 days of the seizure and has not been granted an extension by a court, § 609.5313(b) states they “shall return the property.” This is one of the most powerful procedural defenses you have.
Can the government just try again if they mess up the notice?
The statute does say that returning the property due to bad notice “does not restrict the right of the agency to commence a forfeiture proceeding at a later time.” However, forcing them to return your property is a significant tactical victory. It puts the asset back in your hands and makes them start the entire process over, giving us more time to prepare.
Who is the “plaintiff” and “defendant” in my case?
The plaintiff is the government entity trying to take your property—usually a County Attorney’s office. The defendant is your property itself (e.g., “One 2021 Toyota RAV4”). You are considered the “claimant,” the person with an ownership interest who is fighting the lawsuit.
How do I know if the notice I received is legally correct?
You likely won’t, and that’s why you need a lawyer. I will review the complaint and summons to ensure it was properly filed, captioned, served, and that it contains all the legally required information. It takes a trained eye to spot these potentially case-winning errors.
What is a “good cause” for an extension?
“Good cause” is not clearly defined, but it generally means a legitimate reason beyond the prosecutor’s control. A key witness being unavailable or a complex, ongoing investigation might be considered good cause. Simply being overworked or forgetting about the file is generally not.
Do I have to respond to the complaint?
Yes, absolutely. If you receive a forfeiture complaint, you must file a formal Answer in court by a specific deadline. If you fail to answer, the government will win a default judgment and will be granted ownership of your property without a fight.
Is the procedure different for a car versus cash?
No, the judicial forfeiture procedure under § 609.5313 is the same regardless of the type of property. The government must file a complaint and notify you within 60 days whether they seized your vehicle, cash, or any other asset.
My property was seized in Brooklyn Park. Where will the case be heard?
The forfeiture lawsuit will be filed in the district court of the county where the seizure occurred. For a seizure in Brooklyn Park or Plymouth, the case would be filed in Hennepin County District Court in Minneapolis.
Does winning on a procedural issue mean the criminal case goes away?
No. The civil forfeiture case and the criminal case are separate. Winning the forfeiture case on a procedural error gets your property back, but it does not automatically dismiss the criminal charges. However, it can sometimes be used as leverage in negotiating the criminal case.
What is a “summons”?
A summons is a legal document that is typically served along with the complaint. It is the official notice that a lawsuit has been filed against you (or in this case, your property) and that you must file a formal answer in court by a certain deadline.
How is the notice “sent”? Does an email or phone call count?
No. Formal legal notice, known as “service of process,” typically requires personal delivery by a sheriff’s deputy or professional process server, or in some cases, by certified mail. A simple phone call or email is not sufficient legal notice to start a lawsuit.
What if the government lies to get a “good cause” extension?
If we believe the prosecutor is not being truthful in their motion for an extension, we can challenge them in court. We can demand they provide evidence to support their claim of “good cause” and argue to the judge that they are not acting in good faith.
Does this 60-day rule apply to federal forfeiture?
No. This is a Minnesota state law. Federal forfeiture operates under a completely different set of rules and deadlines which are often less favorable to property owners. It is critical to know whether your property was seized by state/local police or federal agents.
Why is hiring a lawyer for this so important?
Because these are not rules you can enforce yourself. You need a lawyer to file the proper motions, argue the case law to a judge, and hold the government accountable. A prosecutor is far more likely to concede an error or negotiate a return of property when they are dealing with an experienced attorney who knows the law.
Why a Procedural Win Is a Total Victory
Winning your forfeiture case on a technicality feels good, but it’s also a profoundly important outcome for your future. A procedural win isn’t a partial victory; it is a total defeat for the government’s attempt to take your property. It achieves the same result as winning at trial—the return of your assets—but often faster and with less expense.
It Prevents a Devastating Financial Loss
The most obvious benefit is that you get your property back. Your car is returned to your driveway. Your cash is returned to your bank account. This prevents the significant and often crippling financial blow that a successful forfeiture can inflict. It allows you to keep the assets you worked for and maintain your financial stability while you continue to deal with the separate criminal matter.
It Ends One Part of the Legal War
Fighting a legal battle on two fronts is incredibly stressful. A procedural win in your forfeiture case closes one of those fronts. It allows you to focus all of your energy and resources on defending against the criminal charges. This can provide immense psychological relief and allows for a more focused and effective defense in the case that truly impacts your liberty and your permanent record.
It Signals Weakness in the Government’s Case
When a prosecutor’s office can’t even follow the basic rules for filing a lawsuit, it sends a message to the judge—and to the prosecutor in your criminal case—that their case may not be as strong as they claim. A victory on procedure can sometimes create leverage for a more favorable resolution in the criminal case, as it shows we are prepared to fight and win on every front.
It Upholds Your Constitutional Rights
At its core, fighting back against a procedurally flawed forfeiture is about defending your constitutional rights to due process and to be secure in your property. When we force the government to follow its own rules, we are reinforcing the principle that no one is above the law—not even the government itself. It is a victory for justice and for your individual rights.
Why You Need a Detail-Oriented Forfeiture Attorney
When the government sues to take your property, they are counting on you being too intimidated or confused to fight back effectively. They are not expecting you to hire an attorney who will comb through their paperwork with a magnifying glass, ready to pounce on a missed deadline or a poorly worded complaint. That is exactly the kind of attorney you need.
I Am Obsessed With the Details
Successful forfeiture defense is a game of inches, and it’s won in the details. I have built my practice on being more prepared and more meticulous than the other side. I will personally review the timing of the seizure, the date on the summons, the language in the complaint, and every other procedural aspect of your case. I know that a single error on their part can be a complete victory for you, and I will not let any potential mistake go unchallenged.
Forfeiture Procedure Is a Niche Area of Law
Most criminal defense attorneys have only a passing familiarity with the complex civil procedures that govern forfeiture. Public defenders are often statutorily barred from even representing you in the civil forfeiture case. You need a lawyer who has specific, hands-on experience fighting these unique lawsuits. I have challenged forfeiture actions in courts across Minnesota and know how to use § 609.5313 to my clients’ advantage.
I Can Turn Their Mistake Into Your Victory
A prosecutor’s worst nightmare is a defense attorney who knows the rules better than they do. My job is to create that nightmare. By holding them to the strict letter of the law, I can often get property returned quickly, sometimes without ever having to argue the facts of the case. I know how to file the right motions and make the right arguments to show a judge that the government has failed its duty, and that your property must be returned.
A Proactive Defense Starts Now
The clock is ticking. The government has already started its process, and every day you wait is a day you could be losing valuable rights. The moment you hire me, I will get to work analyzing the procedure they’ve used and preparing our counter-attack. Whether your property was seized in Minneapolis, St. Paul, or anywhere else in Minnesota, do not wait to get help. Call me today, and let’s start fighting to get your property back.