Tennessee Agreed Order and Final Judgment - Awarding Forfeiture
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FAQ
Tennessee earns a D- for its civil forfeiture laws. Low bar to forfeit: Prosecutors must prove by preponderance of the evidence that property is connected to a crime.
Currently, four states have abolished the practice entirely: Maine, Nebraska, North Carolina and New Mexico. Many other states continue to allow it but place the burden of proof on the government instead of the property owner.
Florida has civil forfeiture, which is an action against the property, not the owner. Civil forfeiture is not contingent upon a conviction and is has a lower standard of proof.
Civil forfeiture allows the government (typically the police) to seize ? and then keep or sell ? any property that is allegedly involved in a crime or illegal activity.
When your property is seized by law enforcement in Nashville, Mt. Juliet, Cookeville, and throughout Tennessee. You might not know that the state or federal government can legally confiscate money and property from a person accused of a crime.
A judgment lien in Tennessee will remain attached to the debtor's property (even if the property changes hands) for ten years.
Under Tennessee's laws, ?Seizure without process may be made if the seizure is incident to an arrest or a search under a search warrant.? This is why, if you are stopped for a traffic violation, the police may take whatever assets they suspect are related to a crime if you allow them to search your vehicle.
