District of Columbia Agreed Order and Final Judgment - Awarding Forfeiture

State:
Multi-State
Control #:
US-01610
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample Agreed Order for Forfeiture. For use by authorities attempting to seize property connected with drug or other criminal activity, when the perpetrator agrees to the forfeiture. Adapt to fit your facts.

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FAQ

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

DISTRICT OF COLUMBIA A one-year statute of limitation applies to defamation actions.

When filed and recorded in the office of the Recorder of Deeds of the District of Columbia, is enforceable, by execution issued thereon, for the period of twelve years only from the date when an execution might first be issued thereon, or from the date of the last order of revival thereof.

DISTRICT OF COLUMBIA A final judgment is enforceable for twelve years. D.C. Code § 15-101. An order of revival extends the effect of the judgment for another twelve years from the date of the revival order.

(3) ?Post-and-forfeiture procedure? means the mechanism in the criminal justice system in the District of Columbia whereby a person charged with certain misdemeanor crimes may post and simultaneously forfeit an amount of money and thereby obtain a full and final resolution of the criminal charge.

If the losing party does not pay the winning party, the winning party may apply for a writ of attachment on a judgment. A writ of attachment is a form issued by the Court that allows the winning party to get monies from the losing party's wages and/or bank account and other property owed to the winning party.

Statute of Limitations The Statute of limitations in the District of Columbia for open accounts and writings, such as contracts and promissory notes, is three (3) years from the date of breach. Generally, a renewed promise that can be proved to pay an old debt renews the limitations period.

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.

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District of Columbia Agreed Order and Final Judgment - Awarding Forfeiture