Indiana Petition for Forfeiture of Auto - 41-29-101
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How to fill out Petition For Forfeiture Of Auto - 41-29-101?
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FAQ
Bankruptcy to Avoid Repo and Property Seizure When you file for bankruptcy, you can stop the seizure and potential sale of your vehicle, avoiding further legal and debt problems. In addition, filing for bankruptcy before your vehicle is seized also discharges the debt owed to the creditor on the vehicle.
Civil forfeiture allows the government to file cases against property that would not be reachable through criminal forfeiture, such as property of criminals located outside the United States, including terrorists, and fugitives.
INDIANAPOLIS (AP) ? Indiana residents are entitled to a trial by jury when the government seeks to confiscate their money or property through the civil forfeiture process, the state's high court ruled.
Remission, referring to the return of forfeited assets, and mitigation, referring to acceptance of a smaller financial penalty in lieu of forfeiture, are discretionary forms of relief granted by the agencies that are involved in seizing property or by the Criminal Division of the Department of Justice in Washington, ...
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 defendant is convicted and the property is deemed forfeitable, the court issues an order of forfeiture.
Also in 1996, the Supreme Court in Bennis v. Michigan held that the innocent owner defense is not constitutionally mandated by Fourteenth Amendment Due Process in cases of civil forfeiture. In 1998, the Court continued to uphold civil forfeiture in United States v.
Currently, four states have abolished the practice entirely: Maine, Nebraska, North Carolina and New Mexico. Many other states continue to allow it but place the burden of proof on the government instead of the property owner.
Forfeiture is a statutory civil proceeding in Indiana. 13 Indiana forfeiture proceedings may proceed without a criminal charge or conviction. 14 Law enforcement may seize property related to a crime prior to the State filing a civil forfeiture action.