Sample Answer to Complaint for Forfeiture

You can file an answer if you were served with a complaint for forfeiture and have a proprietary interest in the property seized. You must file the answer within 20 days of being served with the complaint. The deadlines in civil asset forfeiture cases are unforgiving, so you must act quickly.

We listed a sample answer to a complaint for forfeiture here. Before you take any action, contact an experienced civil asset forfeiture attorney to find out whether you should file an answer to the complaint for forfeiture. You will need to read each allegation in the complaint and decide whether you should admit or deny that allegation.

IN THE CIRCUIT COURT OF THE ____ JUDICIAL CIRCUIT

IN AND FOR _____ COUNTY, FLORIDA

CIRCUIT CIVIL

IN RE: FORFEITURE OF:                                                                                     CASE NO.: ______________

[[describe property as listed in complaint’s caption]]

_____________________________________________________________________________________/

THE CLAIMANT’S ANSWER TO THE VERIFIED COMPLAINT

Claimant, ______________ (hereinafter “Claimant”), by and through his undersigned attorney, hereby files this CLAIMANT’S ANSWER TO VERIFIED COMPLAINT. Claimant is the owner of the property seized by ______ on [date], which is described as __________________.

I. CLAIMANT’S ANSWER

Claimant responds to the allegations in each corresponding paragraph of the Complaint as follows:

1. Admit paragraph 1 of the Complaint.
2. Admit paragraph 2 of the Complaint.
3. Admit paragraph 3 of the Complaint.
4. Paragraph 4 sets forth a legal conclusion to which no response is required. To the extent a response is deemed required, the allegations of this paragraph are denied.
5. Paragraph 5 sets forth a legal conclusion to which no response is required. To the extent a response is deemed required, the allegations of this paragraph are denied.
6. Admit paragraph 6 of the Complaint.
7. Admit paragraph 7 of the Complaint.
8. Paragraph 8 sets forth a legal conclusion to which no response is required. To the extent a response is deemed required, the allegations of this paragraph are denied.

II. DEMAND FOR JURY TRIAL

Claimant hereby demands a trial by jury.

III. AFFIRMATIVE DEFENSES

A. FIRST AFFIRMATIVE DEFENSE

The Complaint fails to state a claim upon which relief may be granted. Plaintiff’s Complaint does not comply with the requirement of Florida Rule of Civil Procedure 1.110(b) to state a cause of action that contains “a short and plain statement of the ultimate facts showing that the pleader is entitled to relief….” The Complaint contains no sufficient allegations concerning the facts allegedly supporting forfeiture of the defendant currency.

B. SECOND AFFIRMATIVE DEFENSE

Forfeiture of the defendant currency is barred by the prohibition against excessive fines set forth in the Eighth Amendment to the United States Constitution.

C. THIRD AFFIRMATIVE DEFENSE

The seized property is not from any prohibited source and not subject to forfeiture.

D. FOURTH AFFIRMATIVE DEFENSE

The property is not subject to seizure and forfeiture.

E. FIFTH AFFIRMATIVE DEFENSE The forfeiture is barred by the prohibition of depriving citizens of property without due process of law as provided for in the Fifth Amendment to the United States Constitution.

F. SIXTH AFFIRMATIVE DEFENSE

The Claimant is an innocent owner who did not know, and should not have known after a reasonable inquiry, that the property was being employed or was likely to be employed in criminal activity.

G. SEVENTH AFFIRMATIVE DEFENSE

Claimant is entitled to reasonable attorney fees and costs per statute.

H. EIGHTH AFFIRMATIVE DEFENSE

Claimant reserves the right to amend.

IV. CONCLUSION

WHEREFORE, Claimant hereby demands that the Court deny Plaintiff’s claim for forfeiture of the defendant currency; order the defendant currency returned to Claimant; order that Plaintiff pay Claimant’s attorneys’ fees and costs; order that Plaintiff pay pre-judgment and post-judgment interest on the defendant currency to Claimant and enter such additional relief as the Court deems just and proper.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to [name of the agency’s attorney], Attorney for the Petitioner, via Electronic Mail, [[email address for agency attorney list in complaint]], on the ___st day of [[month]], 2024.

Respectfully submitted,

[[your name and contact information, including address, email, and telephone number]]

This article was last updated on Monday, September 23, 2024.