Nebraska Petition for Forfeiture
Description
How to fill out Petition For Forfeiture?
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FAQ
Civil forfeiture allows police to seize ? and then keep or sell ? any property they allege is involved in a crime. 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.
Bankruptcy to Avoid Repo and Property Seizure When you file for bankruptcy, you can stop the seizure and potential sale of your vehicle, avoiding further legal and debt problems. In addition, filing for bankruptcy before your vehicle is seized also discharges the debt owed to the creditor on the vehicle.
First, the forfeiture statute allows the owner of record of such property, at any time after seizure and prior to court disposition, to petition the district court of the county in which seizure was made to release such property.
If you fail to make arrangements, the IRS can start taking your assets after 30 days. There are exceptions to the rules above in which the IRS does not have to offer you a hearing at least 30 days before seizing property: The IRS feels the collection of tax is in jeopardy. This is called a jeopardy levy.
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.
The Internal Revenue Code requires that seized property be sold by Public Auction or Sealed Bid Auction. Either way, the auction is open to the public and bidding is conducted by an auctioneer (usually a Property Appraisal and Liquidation Specialist with the IRS) or through GSA Auctions.
Forfeiture is a legal mechanism whereby the government can take property that is used or acquired illegally, especially property associated with illicit drug trafficking.
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.