Users' questions

What is a forfeiture complaint?

What is a forfeiture complaint?

The party who seized the property will file a complaint in the circuit court seeking forfeiture of the property. This means the government is asking the court to keep the property once it has seized it.

Can civil asset forfeiture be sought under federal law?

In 2015, law enforcement agencies on the federal, state, and local levels utilize a mechanism called civil asset forfeiture, in which officers and agents may lawfully seize the property or money of individuals they suspect of committing or helping to commit a crime.

When to file an answer to a complaint for forfeiture?

A person asserting an interest in seized property, in accordance with subparagraph (A), shall file an answer to the Government’s complaint for forfeiture not later than 20 days after the date of the filing of the claim.

What are the rules for civil forfeiture proceedings?

18 U.S. Code § 983 – General rules for civil forfeiture proceedings Notice; Claim; Complaint.–

Is it legal to publish a forfeiture notice on the Internet?

Publication of forfeiture notices are now permitted on a government internet site under 28 CFR Part 8.9, Rule G of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions (part of the Federal Rules of Civil Procedure), and/or Rule 32.2 (b) (6) of the Federal Rules of Criminal Procedure.

When to file a claim for forfeiture in Maricopa County?

If you choose to file a Claim, it must be filed with the Maricopa County Clerk of the Court within 30 days from the date the Notice of Seizure for Forfeiture was mailed to you or served on you. If you were mailed notice, the Court grants an additional 5 days.

Can a person file a complaint for forfeiture?

complaint for forfeiture of property, any person claiming an interest in the seized property may file a claim asserting such person’s interest in the property in the manner set forth in the Sup- plemental Rules for Certain Admiralty and Maritime Claims, except that such claim may be filed

If you choose to file a Claim, it must be filed with the Maricopa County Clerk of the Court within 30 days from the date the Notice of Seizure for Forfeiture was mailed to you or served on you. If you were mailed notice, the Court grants an additional 5 days.

When to file a claim for judicial forfeiture?

If a Claim Opposing Forfeiture (MC-200) is timely filed and served, however, the prosecuting agency must file a petition for judicial forfeiture within 30 days after receipt of the claim. Otherwise, the prosecuting agency loses the right to maintain custody of the seized property. You must file your Claim Opposing Forfeiture (MC-200)

How does a district attorney file for forfeiture?

After receiving your claim, the District Attorney usually files a Petition for Forfeiture to begin a judicial forfeiture action in court, and starts pretrial discovery in accordance with standard civil procedure. Each side in a lawsuit may use the discovery process to obtain the evidence that the opposing side possesses.