Forfeiture occurs when a person is in breach of a legal obligation, and the breach causes something to be lost or surrendered as a result of the breach. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a notice in a particular jurisdiction.
District of Columbia Demand for Payment Due Pursuant to an Agreement with Notice that Failure to Pay Will Cause a Forfeiture to be Declared
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How to fill out Demand For Payment Due Pursuant To An Agreement With Notice That Failure To Pay Will Cause A Forfeiture To Be Declared?
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FAQ
18 U.S.C. 981 authorizes civil forfeiture proceedings, which do not require a criminal conviction. Instead, the government must demonstrate by a preponderance of the evidence that a particular property is connected to illegal activity.
(a) An owner may contest the seizure and forfeiture of the property by filing a claim with the District stating his or her interest in the property and intent to contest forfeiture. When filing a claim, the owner may also request interim release of the property or a portion of the property.
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. Civil forfeiture rests on the idea (a legal fiction) that the property itself, not the owner, has violated the law.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
CIVIL FORFEITURE OVERVIEW D.C. Code §§ 41-303(a)(1)-(2). The District must provide an owner whose property has been seized notice of its intent to commence forfeiture against the property. D.C. Code § 41- 304(a)(1)(A). A property owner may contest civil forfeiture by filing a claim with the District.
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.
§ 41?304. If an owner is detained or otherwise in the custody of the government, the District shall provide notice to the owner where he or she is detained or in custody.
(a) (1) The court, in imposing sentence on a person convicted of an offense in violation of section 1956, 1957, or 1960 of this title, shall order that the person forfeit to the United States any property, real or personal, involved in such offense, or any property traceable to such property.
