Texas Warrant to Seize Property Subject to Forfeiture

State:
Texas
Control #:
TX-SD-AO-109
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PDF
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Warrant to Seize Property Subject to Forfeiture

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FAQ

The seizure of a bank account, for example, takes place when you lose the right to use the money in your account. 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.

What are the types of Asset Forfeiture? 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.

Forfeit or forfeiture means losing a right, privilege, or property without compensation as a consequence of violating the law, breaching a legal obligation, failing to perform a contractual obligation or condition, or neglecting a legal duty.

Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.

?The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things

Texas civil forfeiture statutes give law enforcement the right to seize assets and property they believe were involved in, or represent the proceeds of, a crime. Asset forfeiture is a controversial practice, especially because authorities can take your assets even if someone else used them to commit a crime.

The property may be cash, a car, personal belongings, or even a house. Under Texas law, an asset forfeiture proceeding is civil and the property, not the owner, is charged with involvement in a crime.

Property subject to forfeiture refers to all property that federal law authorizes to be forfeited to the United States of America in any administrative forfeiture proceeding, in any civil judicial forfeiture proceeding, or in any criminal forfeiture proceeding.

More info

Warrant to Seize Property Subject to Forfeiture. Download Form (pdf, 767.A. Scope of property subject to administrative forfeiture . 3 Seizing property subject to forfeiture. However, in certain circumstances, property can be seized without a warrant. Edit, sign, and share Application for a Warrant to Seize Property Subject to Forfeiture - uscourts online. Property may be seized where a complaint for forfeiture has been filed in US district court and the court has issued a warrant of arrest in rem. Compensation for damage to seized property. Sec. 4. Attorney fees, costs, and interest. Sec. 5. Compensation for damage to seized property. Sec. 4.

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Texas Warrant to Seize Property Subject to Forfeiture