Alaska Motion for Remission of Judgment of Forfeiture

State:
Alaska
Control #:
AK-CR-367
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PDF
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Description

This official form is a motion for remission of judgment of forfeiture.

An Alaska Motion for Remission of Judgment of Forfeiture is a legal document used to ask the court to forgive or reduce the amount of a judgment of forfeiture. The motion is filed by an aggrieved party who believes that they have been wrongly judged and that the amount of the forfeiture should be reduced or forgiven. There are two types of Alaska Motion for Remission of Judgment of Forfeiture: 1) Motion for Remission of Judgment of Forfeiture Based on Innocent Owner Defense and 2) Motion for Remission of Judgment of Forfeiture Based on Unjust Enrichment or Other Defenses. The first type requests the court to forgive the amount of the judgment of forfeiture based on evidence showing that the aggrieved party was an innocent owner of the asset subject to forfeiture. The second type requests the court to reduce or forgive the amount of the judgment of forfeiture based on evidence showing that the aggrieved party was unjustly enriched or that there are other equitable defenses. Both types of motions must be filed with the court and supported by evidence to be considered.

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Petitioner,. , through the undersigned attorney applies to the court for remission of forfeiture of bond money paid in this case pursuant to section 903.28,. Certified court documentation (indictment, judgment and sentence) for each adult conviction for which you are requesting a Remission of Bond Forfeiture.A surety may petition the court to discharge a forfeiture within sixty (60) days of the forfeiture only for the reasons enumerated in s. 903. All motions requesting relief from a final judgment of forfeiture (Motion for. Remission) shall be filed in duplicate with the Office of the Clerk of Court at. (1) On application within 2 years from forfeiture, the court shall order remission of the forfeiture if it determines that there was no breach of the bond. In contrast, a motion to vacate a judgment of bail forfeiture is a direct challenge to the People entering an untimely judgment. That petition has the effect of waiving any rights to contest the seizure for forfeiture. Remission Petitions Unaffected. As explained in the e-mail of March 24, below, petitions to remit a final judgment of forfeiture under.

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Alaska Motion for Remission of Judgment of Forfeiture