Michigan Petition for Forfeiture

State:
Multi-State
Control #:
US-01611
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample Petition for Forfeiture. For use by authorities attempting to seize property connected with drug or other criminal activity. Adapt to fit your facts.
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FAQ

If the personal property is used or comes about as the result of a crime involving illegal drugs, Michigan laws allow for it to be seized. When this happens, the police can confiscate these assets, go to a court, and gain permission to keep these items for good.

At any time before a court decision is made, an Order of Seizure can be issued to collect personal property which may have been wrongly taken or withheld from the person entitled to it. Orders of Seizure are temporary.

You are given notice of the seizure of the property the filing of a lien against the property and of the intent to begin forfeiture proceedings and to dispose of such property ing to law. a notice of claim of interest in the property described above with the state or local unit of government.

Civil forfeiture allows the government (typically the police) to seize ? and then keep or sell ? any property that is allegedly involved in a crime or illegal activity. Owners need not ever be arrested or convicted of a crime for their cash, cars, or even real estate to be taken away permanently by the government.

The purpose of the Notice of Seizure and Intent to Forfeit is to provide notice to the public of the seizure and impending administrative forfeiture and allow any interested party who did not receive a Notice of Seizure to file a claim with CBP.

In a legal context, seized may be used to refer to a situation in which the government has taken forcible possession of the property, as in seized property. For instance, the US Department of Treasury makes auctions of seized property for sale throughout the United States.

§ 11 Searches and seizures. No warrant to search any place or to seize any person or things or to access electronic data or electronic communications shall issue without describing them, nor without probable cause, supported by oath or affirmation.

Filing a Request to Seize Property Form MC 19, Request and Order to Seize Property, is used to start the process. Complete the Request portion of form MC 19 and file it with the court. The filing fee varies. The court will issue the order by signing the form, and it will be executed by a sheriff or court officer.

Remission, referring to the return of forfeited assets, and mitigation, referring to acceptance of a smaller financial penalty in lieu of forfeiture, are discretionary forms of relief granted by the agencies that are involved in seizing property or by the Criminal Division of the Department of Justice in Washington, ...

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Michigan Petition for Forfeiture