Massachusetts Petition for Forfeiture
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How to fill out Petition For Forfeiture?
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FAQ
(j) A forfeiture proceeding affecting the title to real property or the use and occupation thereof or the buildings thereon shall not have any effect except against the parties thereto and persons having actual notice thereof, until a memorandum containing the names of the parties to such proceeding, the name of the ...
Unlike criminal forfeiture, in which the ill-gotten gains of criminal activity may be seized after an individual is convicted of the crime, police and prosecutors can use civil forfeiture to take away cash, cars, homes or other property without having to convict or even charge the owner of any wrongdoing.
What is Asset Forfeiture? Forfeiture is the government taking of property, because it was used or obtained in violation of the law. Assets subject to seizure include cars, cash, real estate, or anything of value used to commit a drug crime or bought with drug proceeds.
Forfeiture is broadly defined as the loss of property for failing to obey the law, and that property is generally lost to the state. A person may have a vested interest in property to be forfeit in two ways: In personum jurisdiction and in rem jurisdiction.
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.