Minnesota Agreed Order and Final Judgment - Awarding Forfeiture

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

Types of Forfeiture The most common type is an Administrative Forfeiture action under Minnesota Statute Section 609.5314. Items such as money, jewelry, motor vehicles, or firearms that are found near controlled substances or drug manufacturing equipment are subject to Administrative Forfeiture.

Rule 58. The judgment in all cases shall be entered and signed by the court administrator in the judgment roll; this entry constitutes the entry of the judgment; and the judgment is not effective before such entry.

(a) All personal property is subject to forfeiture if it was used or intended for use to commit or facilitate the commission of a designated offense.

Rule 33. (a) Any party may serve written interrogatories upon any other party. Interrogatories may, without leave of court, be served upon any party after service of the summons and complaint.

(a) Any person, other than the defendant driver, alleged to have used a vehicle in the transportation or exchange of a controlled substance intended for distribution or sale, claiming an ownership interest in a vehicle that has been seized or restrained under this section may assert that right by notifying the ...

Property is subject to forfeiture if it was either: (1) personal property used or intended for use to commit or facilitate the commission of a designated offense; or (2) real or personal property representing the proceeds of a designated offense.

In Minnesota, the statute of limitations is six years and begins on the date of the last payment on an account. This also means that if you make a payment on your debt at any time in the six years, the clock restarts.

Under Minnesota's vehicle forfeiture law, police agencies may immediately seize a vehicle that was used in the commission of certain designated offenses ? most notably a 1st or 2nd Degree DWI. This can occur regardless of whether the vehicle was being driven by the owner or not.

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Minnesota Agreed Order and Final Judgment - Awarding Forfeiture