South Carolina Petition for Forfeiture of Auto - 41-29-101

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Multi-State
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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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FAQ

Civil asset forfeiture is a practice that allows law enforcement agencies to seize money or property?including bank accounts, real estate, and other personal property?if the person is suspected of being involved in criminal activity.

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.

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, ...

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.

The Civil Forfeiture Act became law in 2006. It targets the proceeds and instruments of unlawful activity. It was created to ensure that people cannot profit from unlawful activity or use property in a way that may harm other persons.

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.

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.

Reprieve or Remission of Fines and Forfeitures: A recommendation made by the Board of Pardons and Paroles and/or action taken by the Governor to reduce and/or remove a fine or forfeiture. Victim, Definition: A person against whom a crime or delinquent act is committed.

Forfeiture refers to a loss of any property, money, or assets without consideration or compensation in return. A forfeiture generally occurs due to default in complying with repayment obligations under a contract.

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South Carolina Petition for Forfeiture of Auto - 41-29-101