In Rem Civil Forfeitures?

Civil judicial forfeiture is an in rem (against the property) action brought in court against the property. The property is the defendant and no criminal charge against the owner is necessary.

What happens civil forfeiture?

The action is against the property—not the person—and can be seized even if the person is not charged or convicted of a crime. Forfeiture laws allow the government to keep the seized cash and property, destroy the property, or sell it and keep the proceeds to fund a number of activities.

What is the difference between seizure and forfeiture?

The seizure of a bank account, for example, takes place when you lose the right to use the money in your account. Forfeiture occurs when your rights to the seized property are permanently lost through a court order or judgment. Forfeiture occurs after seizure, and seizure does not always end in forfeiture.