§2713 Trial of Ownership of Property

Summary

If your property was seized by a warrant, you can, no later than twenty days before the warrant’s return date, file a written challenge and must give notice to the U.S. Attorney. In that challenge you can deny the affidavit’s statements or say the defendant does not own the property. Either side can ask for a jury trial on those issues and the court must order one. If both sides agree to skip a jury, the judge will decide. If you claim ownership and want the property returned, you must use this process, but you still keep the right to later sue for trespass or other money damages.