New York Petition for Forfeiture
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How to fill out Petition For Forfeiture?
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FAQ
Under New York State law, District Attorneys can forfeit ?proceeds? of crime and ?instrumentalities? of crime. However, in New York, state prosecutors cannot forfeit real property, except in certain drug cases. That means that they are relatively powerless to go after your home.
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.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
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 is an action brought as a part of the criminal prosecution of a defendant. 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.
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.
A general example of forfeiture is a failure to make payment under a contract for the sale of immovable property. The advance for purchase of property is likely to be forfeited under the contract.