Contract Law Forfeiture In Philadelphia
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
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FAQ
If you want to know how to fight civil forfeiture effectively, contact a lawyer immediately. They can help you find evidence, gather witnesses, and craft a tailor-made strategy to help get back what is rightfully yours. If you don't contest forfeiture, the government can take your property permanently.
The government simply files a civil action in rem against the property itself, and then generally must prove, by a preponderance of the evidence, that the property is forfeitable under the applicable forfeiture statute.
Under Pennsylvania's civil asset forfeiture laws, the government can legally take property it claims is connected to illegal activity but without actually charging, much less convicting, the property owner of a crime.
Forfeiture means the lease can be terminated and the property revert to the freeholder. This could arise if the leaseholder breaches the terms of the lease. An example could be a failure by a leaseholder to maintain their flat.
There are three types of forfeiture under federal law: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
How is Civil Forfeiture Constitutional? Allowing the government to permanently confiscate an innocent person's life savings or their home seems like a clear-cut constitutional violation. Unfortunately, the Supreme Court has effectively carved out multiple exceptions to the Bill of Rights for civil forfeiture.
TO CONTEST THE FORFEITURE OF THE PROPERTY IN UNITED STATES DISTRICT COURT YOU MUST FILE A CLAIM. Failure to file a claim may result in the seized property being forfeited to the United States. To file a claim: A claim must be filed with the agency that gave notice of the seizure and intent to forfeit.
Innocent Owner Defense This defense is potentially available in all types of asset forfeiture cases to innocent third party owners who can prove ownership of the seized property and show that they did not know about or did not consent to the illegal use of their property.
