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HELP RE: Judicial in rem forfeiture proceedings

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guttergirl

Junior Member
What is the name of your state (only U.S. law)?
Arizona

In response to a valid search warrant, certain property seized was not owned by the person arrested. (There were more than one dwelling on the same property, each having different occupants) The court has requested a "Judicial in rem forfeiture proceeding" be filed.

We cannot afford an attorney, but would like to get our rightful belongings back. The items were guns and cash. Here are the instructions received:


E. The claim shall be signed by the claimant under penalty of perjury and shall set forth all of the following:

1. The caption of the proceeding as set forth on the notice of pending forfeiture or complaint and the name of the claimant.

2. The address at which the claimant will accept future mailings from the court or attorney for the state.

3. The nature and extent of the claimant's interest in the property.

4. The date, the identity of the transferor and the circumstances of the claimant's acquisition of the interest in the property.

5. The specific provisions of this chapter relied on in asserting that the property is not subject to forfeiture.

6. All facts supporting each such assertion.

7. Any additional facts supporting the claimant's claim.

8. The precise relief sought
.


In Arizona the State does not require licensing for transfer of firearms. How do we provide proof of ownership? Do we legally need to?

Any help greatly appreciated. I hate to lose things I have worked for and bought legally.
Thank you.
 


outonbail

Senior Member
Who did you purchase the guns from?


If you purchased them from a sporting goods or gun store, you can ask them for a copy of the paperwork generated in making the sale.

If you purchased them from a private party, then you will have to get a receipt from them. If you didn't know them, or no longer know where to find them, you better hope the guns are not stolen or wanted from a crime.
 

tranquility

Senior Member
Civil forfeiture turns the law on its head. The property is considered fruits of the crime unless proven not to be. You got that right, the burden is on you to prove it is not related to the reason it was seized.

You have a lot of problems doing this and I think it unlikely you will be successful without an attorney. Even with one, it seems you have a problem because a lack of proof. Good luck. Don't depend on getting it back soon--if at all.
 

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