The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 7 V.S.A. § 574)
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§ 574. Reopening of forfeiture proceeding
(a) At any time within one year after a vehicle, air or water craft, or other conveyance
has been adjudged forfeited, a claimant may provide notice to the State’s Attorney
of the county and, upon showing that he or she had no knowledge of the forfeiture
hearing, may apply to the court that entered the judgment of forfeiture to have the
case reopened. The court may require the claimant to give security by posting a bond
to the State in a sufficient sum, as the court directs, conditioned on the claimant
prosecuting his or her claim to effect and paying the costs awarded against him or
her.
(b) If upon rehearing the claimant establishes his or her claim, the court shall certify
to the Commissioner of Finance and Management the amount of the claim, which shall
not exceed the net amount actually realized by the State from the sale of the vehicle,
air or water craft, or other conveyance, and the Commissioner of Finance and Management
shall issue his or her warrant to pay the sum. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 10, eff. April 9, 1974; 1983, No. 195 (Adj. Sess.), § 5(b); 2017, No. 83, § 92.)