When They Take Your Property
CPLR 1311 — a civil action within five years of the crime, a jury on any fact, and dismissal in the interest of justice
A civil action. Forfeiture of the proceeds, substituted proceeds or instrumentality of a crime is pursued by the claiming authority in a civil action, which must be commenced within five years of the commission of the crime.
After a conviction. For a post-conviction forfeiture crime, the action rests on a felony conviction, and the court may not grant forfeiture until the conviction has occurred. The action is dismissed after sixty days unless the conviction has occurred or a related indictment or information is pending.
Without a conviction. For a pre-conviction forfeiture crime, the action need not rest on a conviction, but without one the claiming authority proves the commission of the crime by clear and convincing evidence.
A jury. All defendants in a forfeiture action have the right to trial by jury on any issue of fact.
Owners who were not charged. Against a non-criminal defendant, the claiming authority proves what the owner knew, as the section sets out: for proceeds, that the owner knew or should have known they came from a crime, or fraudulently obtained an interest to avoid forfeiture.
The interest of justice. At any time while the action is pending, a defendant may apply in writing to dismiss it, or to limit the forfeiture to the value of the proceeds, in the interest of justice. The court weighs the seriousness of the crime against the impact of forfeiture, the adverse impact on innocent persons, an acquittal or dismissal on the merits, and whether an instrumentality's value substantially exceeds the proceeds, and states its reasons in writing.
Seizure before the action, and the provisional remedies, are governed by other sections of the article, which are not on this page. A particular forfeiture is a question for the court, or a licensed New York attorney.
Sources for this section (1)
- CPLR 1311 — Forfeiture actions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.