Asset forfeiture is a legal concept that involves losing your property to the government. You can lose your property in forfeiture for failure to fulfil a legal obligation or as a consequence of criminal violations. Asset forfeitures are not automatic. The law allows you to contest the action.

A forfeiture claim is a legal proceeding by the government to contest the forfeiture of your assets. You can file the claim whether you are involved in a civil or criminal forfeiture. When filing an asset forfeiture claim, you must follow the correct procedure and meet the set deadlines.

These deadlines are time frames within which your claim is acceptable. If you are involved in a forfeiture case, you should act swiftly by hiring and retaining a reliable asset forfeiture attorney. Additionally, you must comply with the applicable deadlines to protect your property rights under U.S. and California law.

An Overview of Forfeiture Claims

A forfeiture claim is a request by the government to dispute asset forfeiture. The purpose of asset forfeiture is to deprive wrongdoers of the proceeds of their illegal conduct. Forfeiture can apply to cash, vehicles, real estate, or other assets obtained through illicit means. In some jurisdictions, the government can forfeit your property without requiring a criminal conviction.

Contesting a government's intention to forfeit your assets involves filing a forfeiture claim. Additionally, you must demonstrate that your property or money is not involved in any criminal activity. You can contest forfeiture by challenging the lawfulness of the seizure. The legal grounds for contesting a criminal or civil forfeiture include:

  • Unlawful search and seizure. A primary ground for contesting a forfeiture is the unlawful search or seizure. The Fourth Amendment of the U.S. Constitution protects all citizens from unreasonable searches and seizures. A search or seizure is unlawful when law enforcement does not obtain a valid warrant.
  • Insufficient evidence. Before a criminal or civil forfeiture, the government must prove the link between your property and criminal activity. You can challenge the forfeiture if the government cannot establish a clear link.
  • Ownership of property. You can file a forfeiture claim based on property ownership. Your claim in this case argues that you own the property and were not the victim of a criminal act.
  • Innocent owner. The U.S. law allows individuals subject to forfeiture to use the innocence defense. Under these circumstances, you contest a civil forfeiture by showing they did not know of the illegal activities associated with the property. You can use this argument when there is no clear link between you and the crime.
  • Lack of involvement in a crime. Defending against criminal liability can help you avoid losing your property in a forfeiture. However, some forms of forfeiture will proceed even when you do not face a criminal conviction.

Forfeiture Claim Deadlines

Filing a successful forfeiture claim can help you protect yourself from forfeiture and retain your property. However, like other legal proceedings, there are deadlines that you must adhere to when filing your forfeiture claim. Every individual or entity filing a claim to contest an asset forfeiture must file within the specified time. Failure to follow these deadlines could result in the automatic loss of your property.

The deadlines for filing a forfeiture claim vary depending on the type of forfeiture you are contesting. Additionally, the deadlines are different for each type of property.

Claim Deadlines in Civil Forfeiture

California Health and Safety Code Section 11470 governs civil forfeiture. Under civil forfeiture, law enforcement agencies can seize property without charging the owner with a crime. Instead, the forfeiture is based on the involvement of the property in illegal activity.

The process for civil forfeiture in California involves the following steps:

  • Seizure of property. Law enforcement agencies can seize property if they suspect a connection to illegal activities. Common items seized include vehicles, real estate, and cash.
  • Notice of seizure. After a seizure, the agency must issue you with a written notice. The notice informs you that their property has been seized. Additionally, it provides you with the necessary steps to contest the forfeiture.
  • Filing a claim. The property owner can file a claim to contest the forfeiture. You must file the claim within a specific time frame.
  • Judicial hearing. If the claim is contested, the court will hold a hearing for you. The burden of proof to show that the property's involvement in criminal activity lies with the government.

The laws governing the forfeiture process set the deadlines for civil forfeiture. HSC 11488.4 outlines the deadlines for drug-related forfeitures. California Penal Code 182 outlines the deadlines for other types of forfeitures.

  • Property seized in drug cases. If the government seizes your property for involvement in a drug crime, you have up to 30 days from the date of the notice of seizure to file a claim. If you fail to file the claim within this period, the government will proceed with the forfeiture process.
  • Property seized in other cases. In other civil forfeiture cases, you have 30 days after receiving notice of the seizure to file a claim. However, the deadline may vary based on the nature of the case and the property involved. After filing your claim, the government must initiate judicial proceedings within 90 days. Alternatively, it can lose the right to seize the property.

Claim Deadlines for Criminal Forfeiture

Criminal forfeiture occurs as part of your criminal conviction. Unlike civil forfeiture, criminal forfeiture occurs after your conviction for a criminal offense. The government will forfeit your property as part of the sentence or punishment. The criminal forfeiture process generally follows these steps:

  • Criminal charges and conviction. The government must first secure a criminal conviction against the defendant.
  • Forfeiture hearing. During sentencing, the prosecution may request the court to order a forfeiture. The government can forfeit your property if it is tied to criminal activities. The court schedules a hearing and allows you to argue against the forfeiture.
  • Judgment and forfeiture. If the court determines the link between the property and your crime, they will order the forfeiture.

For criminal forfeiture, the deadline for filing a claim is part of the criminal case timeline. The court orders a forfeiture during the sentencing phase of your case. Therefore, you must assert your interests in the property before or during this phase. The timeline for claiming property will depend on the charges and sentencing procedures.

You can suffer property forfeiture even when you are not a party in the criminal case. In this case, you can file a claim within 30 days of the criminal conviction. The procedures and deadlines may vary depending on the case specifics. However, you must act fast if your interests in the property are subject to criminal forfeiture.

Extensions and Exceptions to Claim Deadlines

Sometimes, California law allows extensions of the claim deadline. However, these exceptions are rare and happen under set circumstances. You can receive an extension if you cannot file due to illness or other valid circumstances. The court will thoroughly evaluate your case before offering the extension. You must take prompt action and consult an attorney to ensure you file your claim within the correct time frame.

Claim Deadlines for Specific Types of Property

Different types of property are subject to varying forfeiture claim deadlines in California. Common types of forfeited properties and their deadlines include:

Real Property

Real property includes homes or land. The government can forfeit real property in a criminal or civil case. A forfeiture could happen if you use the property to commission a crime. This offense could include drug trafficking or money laundering.

Another reason the government can forfeit your property is if you purchased it with the proceeds of a criminal act. For example, a home purchased with money obtained from a bank robbery can undergo a forfeiture.

Property owners or other claimants have 90 days to file a claim from the seizure of real property. Failure to file within this period can result in permanent property loss.

Vehicles

Vehicles are often subject to forfeiture in California. You can lose your cars, trucks, and boats to a forfeiture. However, the government must prove that the vehicle was used in other illegal activities. These unlawful activities could include drug trafficking, robbery, and human trafficking. Vehicle owners have up to 30 days to file a claim to contest the forfeiture of vehicles.

Cash and Other Personal Property

The government can seize your cash and personal property in connection with criminal or civil forfeiture actions. The deadlines for filing a claim for these property types are often shorter. You have 30 days from the seizure notice to file a claim and contest the forfeiture of your personal property or cash.

Process of Filing a Forfeiture Claim

When you receive notice of the forfeiture of your property by the government, you must act swiftly. You should check the deadlines for bringing your claim and all the necessary steps to protect your property. The process of filing a forfeiture claim has the following steps:

  • Review the Notice of Seizure

When they seize your property, the law enforcement agency will notify you. The notice will indicate the reason for the seizure and guide you on how to contest it. It will also indicate a deadline for filing your claim. A thorough review of this notice ensures that you follow the correct procedures depending on the nature of your property.

  • Prepare and File the Claim

To contest the forfeiture, you must file a written claim with the law enforcement agency that seized the property. You must file your claim within the timeframe specified by the notice. The claim should include a statement of property ownership and the date of seizure. Additionally, you must request a hearing to dispute the forfeiture.

  • Submit the Claim

After indicating the correct information, you must submit the claim to the relevant agency. You can submit your claim to the local police department or sheriff’s office, depending on the type of seizure. In the notice of seizure, you will receive the contact information for the agency to which you will submit your claim.

  • Request a Hearing

You can request a hearing before a judge if your property is subject to judicial forfeiture. You can present evidence at the hearing that the property was not involved in criminal activity. Forfeiture claim hearings are complex. Therefore, you must hire an attorney to help you prepare for and represent you at the hearing. Your lawyer will help you understand the forfeiture laws and gather evidence to support your claim.

  • Provide Evidence of Property Ownership

You must provide proof of ownership to reclaim your property. You can do this by arguing that you were not involved in illegal activity or obtained the property legally.

  • Await the Outcome

After filing the claim and attending the hearing, the court or the law enforcement agency decides on your claim. If you prevail, you can recover your property. However, the court will uphold the forfeiture if the government proves the connection between your property and criminal activity.

A forfeiture at this stage means that you will lose the property entirely. The proceeds from the sale of forfeited assets support law enforcement agencies.

Find a Competent Asset Forfeiture Attorney Near Me

You could lose your assets or money in a forfeiture under United States law. The government forfeits your property for failure to fulfill your legal obligation or when the asset is a proceed of criminal activity. Losing a hard-earned property on suspicion of criminal activity or a mistake of fact is devastating.

Fortunately, California law notifies you before forfeiting the property. After receiving the notice, you can contest the action by filing a forfeiture claim. If you follow the proper procedures and meet the claim deadlines, you can protect your money and assets.

The deadlines for forfeiture claims vary depending on the asset forfeiture type and the specific asset type. Failure to meet these deadlines can result in the permanent loss of property. At Asset Forfeiture Attorney, we offer expert legal insight for our clients battling asset forfeiture in California and the larger USA. Call us at 888-571-5590 and allow us to guide you through your case.