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Member |
I have several small $ forfeitures. (Less than $500). How do you handle these? It seems like a lot of time and effort to send out interrogatories and requests for admission for such a small amount. But if that is recommended I will do so. | ||
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Member |
Set them for trial if they have filed an answer. Not worth the pre-trial hassle to conduct discovery. I do not file them unless the net amount will yield at least $1,000. Other counties with a lot more forfeiture cases require a lot higher amount. I get a default judgment on most of mine. | |||
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Member |
I don't particulary have a problem with doing a $500 seizure--but I want to review it pretty closely beforehand to make sure I have a statement from the Respondent that the money is contraband. Usually our narcotics officers do a pretty good job of getting a statement from the Respondent admitting that he got the money from a recent drug sale or was going to purchase drugs with the money. To go to the second part of your question--I agree that in a strict economic sense that sometimes its not worth the trouble of filing the written discovery necessary to obtain a summary judgment--but sometimes the very joy I get from taking stuff from dopers makes it all worthwhile. | |||
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Member |
I intend to file the cases. I just was wondering about asking for discovery. The reports are good, and I think that will be enough. | |||
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Member |
I agree with Mr. DuBoise. We will file on any amount; however, we will not put forth the same effort on amounts under $1,000. (The record low amount to date is $254.00...which ended up being forfeited by default.) Most of the smaller amounts end up being forfeited by default or as a term of a criminal plea bargain. If an answer is filed, I am more inclined to negotiate a deal on sub-$1000 amounts. I rarely send out discovery on these small seizures. One practical problem is that, unless the respondent admits that the money is from a drug sale, it is extremely difficult to eliminate the potentially legal sources for such a small amount, even if the respondent has no job and no record of employment. Good luck! | |||
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