Louisiana Answer to State's Petition for Forfeiture

State:
Louisiana
Control #:
LA-5052
Format:
Word; 
Rich Text
Instant download

Description

In this example, the Claimants/Respondents present their answers to the allegations in the State’s Petition for Forfeiture. Claimants further allege affirmative defenses, including that the allegations in the State’s petition are not legally sufficient to establish probable cause to believe that the claimant's property is subject to forfeiture, and that the underlying statute is unconstitutional. Claimants request the court to schedule a hearing in the matter, and request the court to dismiss the State’s petition.
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FAQ

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. The property is the defendant and no criminal charge against the owner is necessary.

Whereas restitution is measured by the losses to victims and forfeiture is measured by the proceeds of a criminal offense, both amounts frequently turn out to be the same--especially in financial fraud cases.

Your Claim Opposing Forfeiture (MC-200) must be filed in the county where the property was seized. If you have received a notice, you can find the address of the court on that notice. Within 30 days after filing your claim, you must serve a copy on the District Attorney.

It is an in personam (against the person) action and requires that the government indict (charge) the property used or derived from the crime along with the defendant. If the jury finds the property forfeitable, the court issues an order of forfeiture.

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.

A forfeiture clause in real estate is a seller's remedy that allows a seller to take back property purchased on a land installment contract if the buyer defaults on payments.

Letter of forfeiture means a notice in varied forms, sent to a bail bond agency/branch office, advising the agency/branch office that a defendant who has secured a bail bond with that agency has failed to appear on a given date in a given court in accordance with RCW 10.19. 090.

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

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Louisiana Answer to State's Petition for Forfeiture