Glossary

Click one of the letters above to advance the page to terms beginning with that letter.

A

Answer

An Answer is a response to a Petition or Complaint. It is a type of legal Pleading.

C

Complaint

A Petition or a Complaint is the first document filed in a case that starts the case and states the facts that the case is based on. It is a type of legal Pleading. The response to a Petition or a Complaint is called an Answer. In forfeiture cases, sometimes a Petition or Complaint will be called a "Notice of Seizure and Intended Forfeiture."

Contraband

Contraband is any type of property that is used or intended to be used in committing a crime.

D

Discovery

Discovery is the legal process used to find out facts that are important to a legal case. Discovery takes place before a case goes to trial. The point of Discovery is to give both sides of a forfeiture case a chance to learn as much as they can about all the facts and legal issues of the case before they ever enter in a courtroom. Discovery prevents both sides from being surprised during trial.

F

Forfeiture

Forfeiture is what happens when you lose your case in court. Forfeiture means that the agency has permanently taken your property.

I

Interest Holder

An Interest Holder or an Interested Party is a person who is not the main owner of the property that has been seized, but still has an interest in the property. For example, you are the owner of your house, but a bank that has a mortgage on your house is an interest holder in that house.

Interested Party

An Interest Holder or an Interested Party is a person who is not the main owner of the property that has been seized, but still has an interest in the property. For example, you are the owner of your house, but a bank that has a mortgage on your house is an interested party to the civil asset forfeiture lawsuit.

J

Judgment

A Judgment is a decision of a court about the rights and responsibilities of the parties in a legal action or proceeding. More simply put, it is the final decision of a judge that says who wins and who loses the case or what each party gets and what each party loses.

M

Motion

A Motion is a request to the court to rule in your favor. Parties or potential parties to a lawsuit make motions to the court.

N

Notice

Notice is when one party to the case notifies another of a document that it has filed with the court and delivers a copy of that document or Motion to the party being notified. Notice can also be required when an action is taken by the court. Notice is required by law for certain legal documents, like Answers or Motions.

Notice of Seizure and Intended Forfeiture

A Petition or a Complaint is the first document filed in a case that starts the case and states the facts that the case is based on. It is a type of legal Pleading. The response to a Petition or a Complaint is called an Answer. In forfeiture cases, sometimes a Petition or Complaint will be called a "Notice of Seizure and Intended Forfeiture."

O

Owner

An Owner is a person who owns all or a portion of the property that has been seized.

P

Petition

A Petition or a Complaint is the first document filed in a case that starts the case and states the facts that the case is based on. It is a type of legal pleading. The response to a Petition or a Complaint is called an Answer. In forfeiture cases, sometimes a Petition or Complaint will be called a "Notice of Seizure and Intended Forfeiture."

Pleading

A Pleading is a formal document in which you make legal claims, respond to legal claims, or list your defenses to the State’s legal claims.

S

Seizure

A Seizure is when a law enforcement officer takes possession of your property, beginning the process of civil asset forfeiture.

Service

Service is the act of legally delivering a document, such as a pleading or some type of Notice. When a document requires Notice, you may have to serve the document in a specific way, and get a receipt to prove that you provided Service.