Ohio Petition for Forfeiture of Auto - 41-29-101

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US-01608
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This form is a sample Petition for Forfeiture. For use by authorities attempting to seize a vehicle or property connected with drug or other criminal activity. Adapt to fit your facts.
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  • Preview Petition for Forfeiture of Auto - 41-29-101

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FAQ

Forfeit or forfeiture means losing a right, privilege, or property without compensation as a consequence of violating the law, breaching a legal obligation, failing to perform a contractual obligation or condition, or neglecting a legal duty.

A: There are different legal theories of forfeiture. Property that the wrongdoer would not have had but for the crime can be forfeited as proceeds. For example, cash acquired through an unlawful activity such as drug dealing, or a car bought with cash from drug dealing can be forfeited under the proceeds theory.

Under the state's asset forfeiture laws, Ohio Revised Code 2981.01, police have the right to seize property or assets that are alleged to have been earned by illegal activities. These properties and assets include: Your home, land, rental property, vacation home, or commercial property.

(3)(A) Not later than 90 days after a claim has been filed, the Government shall file a complaint for forfeiture in the manner set forth in the Supplemental Rules for Certain Admiralty and Ma- ritime Claims or return the property pending the filing of a complaint, except that a court in the district in which the ...

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.

Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.

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, ...

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.

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Ohio Petition for Forfeiture of Auto - 41-29-101