State Forfeiture Actions

Forfeiture actions are increasingly used by law enforcement following arrests. The forfeiture action is an attempt by the state to take from you the automobile, guns, the property, money, or other items of personal property in your possession, or available to you, at the time of your arrest. The forfeiture action is an administrative action, and require strict compliance with the time limits within which to contest the forfeiture.

Forfeiture actions are administrative actions held in Nashville, Tennessee before an Administrative Law Judge appointed as a designee of the Tennessee Department of Safety. A forfeiture action can permanently deprive you of money, property, or both. Forfeiture actions can be contested, and should be contested. The fact that a forfeiture action has been filed against you, does not mean that your property will be lost. There is the potential to settle the case, or, when necessary, demand a trial.

The time limit within which you have to make an objection to the forfeiture is very short. If you are presented with a forfeiture action you must take action immediately to protect your rights. Failure to do so will result in the loss of your property, without the right to appeal. Forfeited property, once loss, can never be recovered.