When They Take Your Property
N.J.S.A. 2C:64-3 — a civil action within 90 days of the seizure, and no forfeiture where the charges end without guilt
In New Jersey, property subject to forfeiture includes prima facie contraband, such as controlled dangerous substances and unlawfully possessed firearms; property used or intended to be used in furtherance of an unlawful activity, including vehicles and premises; property that has become an integral part of illegal activity; and the proceeds of illegal activities.
The seizure. Property subject to forfeiture may be seized as evidence pending a criminal prosecution or, where none is begun, on process from a court. It may be seized without process, where that is consistent with the state and federal constitutions, when the article is prima facie contraband or poses an immediate threat to the public health, safety or welfare.
Within 90 days. Forfeiture of property other than prima facie contraband is enforced by a civil action the State begins against the property within 90 days of the seizure, on a verified complaint describing the property and why it is contraband. Notice goes to anyone known to have a property interest. A claimant files and serves a verified answer stating the claimant's interest; if no answer is filed in time, the property is disposed of, and if one is, the Superior Court sets a summary hearing as soon as practicable.
No guilt, no forfeiture. Seized property other than prima facie contraband is not forfeited if no criminal charges arise from the seizure, or the prosecution ends in an acquittal, a dismissal with prejudice that did not come through pretrial intervention or a like program, or a finding of not guilty by reason of insanity. The exceptions are property with no known owner and no credible claim, and cash or its equivalents the State shows are worth more than $1,000, or other property worth more than $10,000.
Getting it back meanwhile. A person with a property interest, other than a defendant being prosecuted in connection with the seizure, may secure its release pending the action by posting a bond in the amount of its market value, unless it is dangerous or the State shows it will probably be lost, destroyed or used in further criminal activity.
An owner who did not know. A person who could not with due diligence have discovered that property the person owns was seized as contraband may file a claim for its return, or its value at the time of seizure, within 3 years of the seizure, on showing that the person did not consent to and had no knowledge of its unlawful use. If it was sold, the claim is against the proceeds.
Federal forfeiture, what happens to forfeited property and its proceeds, and the Rules of Court for an action against property are not on this page. A particular seizure is a question for a licensed New Jersey attorney.
Sources for this section (3)
- N.J.S.A. 2C:64-3 — Forfeiture procedures
- N.J.S.A. 2C:64-1 — Property subject to forfeiture
- N.J.S.A. 2C:64-8 — Seized property; statute of limitations on claims
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.