North Dakota Motion for Forfeiture

State:
North Dakota
Control #:
ND-TH-181-02
Format:
PDF
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A02 Motion for Forfeiture
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FAQ

A forfeiture hearing takes place in the court where the complaint was filed. If the seized property is real property, the proceedings may be brought where the where the criminal charges are pending, where the owner resides, or where the property is located.

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.

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 is a means for a landlord to terminate a lease, in the event of some default by the tenant.

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.

Forfeiture takes two distinct forms -- criminal and civil. Nearly all contemporary forfeiture involves the civil variety. Criminal forfeiture operates as punishment for a crime. It, therefore, requires a conviction, following which the state takes the assets in question from the criminal.

United States. There are two types of forfeiture (confiscation) cases, criminal and civil.

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North Dakota Motion for Forfeiture