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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11853
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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How do I file a verified claim form to request the return

Customer Question

How do I file a "verified claim form" to request the return of seized property?
Submitted: 4 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 4 years ago.

Good Afternoon,

1. What kind of property ?

 

2. Who seized the property - State or Federal ?

 

3. Was it used in a crime or was it purchased with "fuits of a crime" (stolen money, money from selling drugs, etc.)

 

4. Or, was it entered into evidence and is now in an evidence locker ?

 

Briefly , In 1 or 2 sentences elaborate a little on the situation

Customer: replied 4 years ago.

The property that was seized 1 32"LCD and 1 46" LCD

 

Seized because claims purchased with drug sale proceeds

 

Seized by state of IL.

 

I was sent a forfeiture letter with 45 days to contest. The 32" LCD was purchased by credit card and is 2 years old. The 46" LCD was purchased by me. I own my own Audio Videoo Buisness and sell over 200 hundred TV 's a year. I bought 4 of these and was using this as a demo.

Expert:  Andrea, Esq. replied 4 years ago.

The verified claim is sent to the State Attorney's Office; it is for the purpose of establishing that you are the owner of the property, that you claim an interest in the property, they want you to describve how you acquired it, etc. I have reprinted the relevant portions of Illinois Consolidated Statutes, Chapter 56 ½, beginning with Paragraph 1676, Section 6. This is known as the Drug Asset Forfeiture Procedure Act

 

 

 


(A) If, after review of the facts surrounding the seizure, the State's Attorney is of the opinion that the seized property is subject to forfeiture, then within 45 days of the receipt of notice of seizure from the seizing agency, the State's Attorney shall cause notice of pending forfeiture to be given to the owner of the property and all known interest holders of the property in accordance with Section 4 of this Act.
(B) The notice of pending forfeiture must include a description of the property, the estimated value of the property, the date and place of seizure, the conduct giving rise to forfeiture or the violation of law alleged, and a summary of procedures and procedural rights applicable to the forfeiture action.
(C) (1) Any person claiming an interest in property

which is the subject of notice under subsection (A) of Section 6 of this Act, may, within 45 days after the effective date of notice as described in Section 4 of this Act, file a verified claim with the State's Attorney expressing his or her interest in the property. The claim must set forth:

(i) the caption of the proceedings as set forth

on the notice of pending forfeiture and the name of the claimant;

(ii) the address at which the claimant will

accept mail;

(iii) the nature and extent of the claimant's

interest in the property;

(iv) the date, identity of the transferor, and

circumstances of the claimant's acquisition of the interest in the property;

(v) the name and address of all other persons

known to have an interest in the property;

(vi) the specific provision of law relied on in

asserting the property is not subject to forfeiture;

(vii) all essential facts supporting each

assertion; and

(viii) the relief sought.
(2) If a claimant files the claim and deposits with

the State's Attorney a cost bond, in the form of a cashier's check payable to the clerk of the court, in the sum of 10 percent of the reasonable value of the property as alleged by the State's Attorney or the sum of $100, whichever is greater, upon condition that, in the case of forfeiture, the claimant must pay all costs and expenses of forfeiture proceedings, then the State's Attorney shall institute judicial in rem forfeiture proceedings and deposit the cost bond with the clerk of the court as described in Section 9 of this Act within 45 days after receipt of the claim and cost bond. In lieu of a cost bond, a person claiming interest in the seized property may file, under penalty of perjury, an indigency affidavit.

 

____________________________________________________________________________

 

 

 

 

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If you have questions in the future, please feel free to ask for me by typing my name at the beginning of your question

 

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__________________________________________________________________________

 

Thank you for allowing me to assist you and Good Luck!

 

ANDREA, JD, LLM

Member, NY & PA Bar

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Andrea, Esq.
Andrea, Esq.
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25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.