Arizona Laws 13-4313. Supplemental remedies
A. The court shall order the forfeiture of any other property of a claimant or an in personam civil or criminal defendant up to the value of the claimant’s or defendant’s property that the court finds is subject to forfeiture if any of the following circumstances apply to the property:
Terms Used In Arizona Laws 13-4313
- Act: means a bodily movement. See Arizona Laws 13-105
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Omission: means the failure to perform an act as to which a duty of performance is imposed by law. See Arizona Laws 13-105
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Property: means anything of value, tangible or intangible. See Arizona Laws 13-105
1. It cannot be located.
2. It has been transferred or conveyed to, sold to or deposited with a third party.
3. It has been placed beyond the jurisdiction of the court.
4. It has been substantially diminished in value by any act or omission of the defendant.
5. It has been commingled with other property which cannot be divided without difficulty.
6. It is subject to any interest that is exempt from forfeiture.
B. In addition to any other remedy provided for by law, if property subject to forfeiture is conveyed, alienated, encumbered, disposed of, received, removed from the jurisdiction of the court, concealed or otherwise rendered unavailable for forfeiture after the filing of a racketeering lien notice or provision of notice of pending forfeiture or after the filing and notice of a civil proceeding or criminal proceeding alleging forfeiture under this chapter, whichever is earlier, the state may institute an action in superior court against the person named in the racketeering lien or notice of pending forfeiture or the defendant in the civil proceeding or criminal proceeding, and the court shall enter final judgment against the person named in the racketeering lien or notice of pending forfeiture or the defendant in the civil proceeding or criminal proceeding in an amount equal to the fair market value of the property, together with reasonable investigative expenses and attorney fees. If a civil proceeding under this chapter is pending, the action shall be filed only in the court where the civil proceeding is pending.
C. This section does not limit the right of the state to obtain any order or injunction, receivership, writ, attachment, garnishment or other remedy authorized under this title or appropriate to protect the interests of the state or available under other applicable law, including Title 44, Chapter 8, Article 1.