If a person has property/money tied up in court and it's classified as a forfeiture case, what exactly does that mean? Does it means that you have a limited time to claim it or else lose it?

I hope some others can shed further light on this. However, these cases generally involve assets that are forfeited, not to be reclaimed, as a result of a civil or criminal proceding. In the news we most often hear of drug dealers who must forfeit their cars, bank accounts, etc. because their were the ill-gotten fruit of their criminal activities.

Honi, what usually happens first is called Asset Forfeiture. That is when the government takes property away from people permanently if the property or owner is involved in certain criminal offenses such as drug offenses or gambling. If the person is found not guilty of the criminal charges, or if the charges are dropped then the person must win a forfeiture case to get back the property. Forfeited property can include a business, cash, house, car etc.

When a person receives a Notice of Forfeiture from the FBI or DEA they need to hire a Forfeiture lawyer and file an Administrative Claim and pay a Cost Bond of 10% of the value of the property in order to have a court hearing. You usually have 20 to 30 days to file a claim and pay the cost bond.

The cost bond is not like a bail bond -- paying the cost bond will not get your property released pending trial, and you can't get a bondsman. The bond is to pay for the government's costs in forfeiting your property. If you win your case, you will probably get the entire bond back (it's up to a judge). If you lose the case, you only get back the portion of the bond left over after deductions for storing your property and other expenses.

If you can't afford to pay the cost bond, you can file an "In Forma Pauperis" ("IFP") form, asking the government to waive the cost bond. You have to give detailed information about your finances, and it has to be sworn. The DEA and FBI each have their own forms for this. One would call them to get the form. It's up to the seizing agency to determine whether that person will qualify.

Once a claim is filed and the cost bond is paid, the United States Attorney's Office reviews the case. If they decide to go ahead with the forfeiture (which they usually do), they will file a civil case in U.S. District Court, and serve a Complaint. When vehicles (cars, planes and boats) are seized in drug cases, the government must file the civil forfeiture complaint within 60 days of the date they receive the administrative claim and cost bond.

After one is served with a Complaint, that individual has ten days to file a Verified Claim. A verified claim is a statement under penalty of perjury stating an interest in the property -- this is separate from the Administrative Claim that one has to file earlier with the seizing agency. The person has 30 days after service of the complaint to file an Answer. The Answer must state whether one "admits", "denies", or "doesn't have enough information to admit or deny" each allegation in the Complaint. Then one would list their defenses.

Forfeiture cases can last anywhere from a few months to several years. It will cost money to litigate so it's important to find a forfeiture lawyer that is affordable.

Thanks Fuse, and thanks Georgia for explaining it so well.

Your welcome Honi
Hope that answered your question well enough, even if it was a bit long winded