HRS §281-113
How to claim seized property and avoid losing it
If your property or liquor was seized, you can file a written claim in court to try to get it back. You must also post a bond to cover costs if you lose. If you lose, the property is forfeited and you pay the court costs.
The statute, as written — Claims
If the owner or possessor of any property or liquor seized under this chapter appears and makes claim to the same, the owner or possessor shall file with the court, before whom the proceedings are pending, the owner's or possessor's claim in writing, setting forth the owner's or possessor's interest therein, and the reason why it should not be adjudged forfeited. The owner or possessor shall also give bond in favor of the State sufficient in amount and sureties, approved by such court, conditioned that such claim will be diligently prosecuted and that if it is decided against the owner or possessor the owner or possessor will pay the costs awarded against the owner or possessor. If the judgment is against the claimant, the property and liquor and all containers thereof shall be adjudged forfeited and disposed of as provided in this chapter and judgment shall be rendered against the claimant for all costs of the proceedings incurred after the filing of the claimant's claim. [L Sp 1933, c 40, §72; RL 1935, §2641; RL 1945, §7292; RL 1955, §159-110; HRS §281-113; am L 1970, c 188, §39; gen ch 1985]
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