Q Procedurally, if no petition to contest forfeiture is filed, and a declaration of forfeiture is prepared by the attorney for the seizing agency and signed by him or her, where should the declaration be filed?

A The declaration of forfeiture in an administrative proceeding pursuant to Section 41-29-176(6) should be filed in the records of the seizing agency. Since there is no court action in the matter there would be no need to open a court file. The State Auditor’s Office also recommends you file a copy of the declaration with the city clerk if a municipality or the chancery clerk if a county entity. (Attorney General’s Opinion to Ross dated April 23, 2010)