This form is an answer to the Complaint for Forfeiture and Seizure of Property under the Drug Profits Forfeiture Act. By completing this form the defendant admits the allegations of the Complaint and stipulates for entry of Judgment as requested by the Plaintiff, which will effect a forfeiture of the property which was seized in connection with the arrest for violation of the Controlled Substances Law of the State of Alabama.
Alabama Answer of Defendant to the Complaint for Forfeiture and Seizure of Property
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Description Criminal Case Complaint Sample
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How to fill out Alabama Answer Of Defendant To The Complaint For Forfeiture And Seizure Of Property?
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FAQ
Updated October 16, 2020 Asset forfeiture is when the government takes a person's property because it suspects the property was used in committing a crime or was obtained by way of criminal activity. California's asset forfeiture laws can be used to seize most types of property, including: houses, boats, cars, and
United States. There are two types of forfeiture (confiscation) cases, criminal and civil.
Whereas restitution is measured by the losses to victims and forfeiture is measured by the proceeds of a criminal offense, both amounts frequently turn out to be the same--especially in financial fraud cases.
Seizure is the act of taking property.Forfeiture occurs when your rights to the seized property are permanently lost through a court order or judgment. Forfeiture occurs after seizure, and seizure does not always end in forfeiture. In our example, the seizure takes place when Officer Potts takes the money from Steve.
Forfeiture refers to a loss of any property, money, or assets without consideration or compensation in return. A forfeiture generally occurs due to default in complying with repayment obligations under a contract. It can also be used as a penalty for an illegal way of conducting business.
Criminal forfeiture is an action brought as a part of the criminal prosecution of a defendant.Civil judicial forfeiture is an in rem (against the property) action brought in court against the property. The property is the defendant and no criminal charge against the owner is necessary.
Your Claim Opposing Forfeiture (MC-200) must be filed in the county where the property was seized. If you have received a notice, you can find the address of the court on that notice. Within 30 days after filing your claim, you must serve a copy on the District Attorney.
The involuntary relinquishment of money or property without compensation as a consequence of a breach or nonperformance of some legal obligation or the commission of a crime. The loss of a corporate charter or franchise as a result of illegality, malfeasance, or Nonfeasance.
It is an in personam (against the person) action and requires that the government indict (charge) the property used or derived from the crime along with the defendant. If the jury finds the property forfeitable, the court issues an order of forfeiture.