Illinois Compiled Statutes 720 ILCS 5/36-2 – Complaint for forfeiture
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(a) If the State‘s Attorney of the county in which such seizure occurs finds that the alleged violation of law giving rise to the seizure was incurred without willful negligence or without any intention on the part of the owner of the vessel or watercraft, vehicle, or aircraft or any person whose right, title, or interest is of record as described in Section 36-1 of this Article, to violate the law, or finds the existence of such mitigating circumstances as to justify remission of the forfeiture, he or she may cause the law enforcement agency having custody of the property to return the property to the owner within a reasonable time not to exceed 7 days. The State’s Attorney shall exercise his or her discretion under this subsection (a) prior to or promptly after the preliminary review under Section 36-1.5.
(b) If, after review of the facts surrounding the seizure, the State’s Attorney is of the opinion that the seized property is subject to forfeiture and the State’s Attorney does not cause the forfeiture to be remitted under subsection (a) of this Section, he or she shall bring an action for forfeiture in the circuit court within whose jurisdiction the seizure and confiscation has taken place by filing a verified complaint for forfeiture in the circuit court within whose jurisdiction the seizure occurred, or within whose jurisdiction an act or omission giving rise to the seizure occurred, subject to Supreme Court Rule 187. The complaint shall be filed as soon as practicable but not later than 28 days after the State’s Attorney receives notice from the seizing agency as provided under Section 36-1.4 of this Article. A complaint of forfeiture shall include:
(1) a description of the property seized;
(2) the date and place of seizure of the property;
(3) the name and address of the law enforcement
(b) If, after review of the facts surrounding the seizure, the State’s Attorney is of the opinion that the seized property is subject to forfeiture and the State’s Attorney does not cause the forfeiture to be remitted under subsection (a) of this Section, he or she shall bring an action for forfeiture in the circuit court within whose jurisdiction the seizure and confiscation has taken place by filing a verified complaint for forfeiture in the circuit court within whose jurisdiction the seizure occurred, or within whose jurisdiction an act or omission giving rise to the seizure occurred, subject to Supreme Court Rule 187. The complaint shall be filed as soon as practicable but not later than 28 days after the State’s Attorney receives notice from the seizing agency as provided under Section 36-1.4 of this Article. A complaint of forfeiture shall include:
Terms Used In Illinois Compiled Statutes 720 ILCS 5/36-2
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- 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.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(1) a description of the property seized;
(2) the date and place of seizure of the property;
(3) the name and address of the law enforcement
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agency making the seizure; and
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(4) the specific statutory and factual grounds for
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the seizure.
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The complaint shall be served upon each person whose right, title, or interest is of record in the office of the Secretary of State, the Secretary of Transportation, the Administrator of the Federal Aviation Agency, or any other department of this State, or any other state of the United States if the vessel or watercraft, vehicle, or aircraft is required to be so registered, as the case may be, the person from whom the property was seized, and all persons known or reasonably believed by the State to claim an interest in the property, as provided in this Article. The complaint shall be accompanied by the following written notice:
“This is a civil court proceeding subject to the Code of Civil Procedure. You received this Complaint of Forfeiture because the State’s Attorney’s office has brought a legal action seeking forfeiture of your seized property. This complaint starts the court process where the State seeks to prove that your property should be forfeited and not returned to you. This process is also your opportunity to try to prove to a judge that you should get your property back. The complaint lists the date, time, and location of your first court date. You must appear in court on that day, or you may lose the case automatically. You must also file an appearance and answer. If you are unable to pay the appearance fee, you may qualify to have the fee waived. If there is a criminal case related to the seizure of your property, your case may be set for trial after the criminal case has been resolved. Before trial, the judge may allow discovery, where the State can ask you to respond in writing to questions and give them certain documents, and you can make similar requests of the State. The trial is your opportunity to explain what happened when your property was seized and why you should get the property back.”
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“This is a civil court proceeding subject to the Code of Civil Procedure. You received this Complaint of Forfeiture because the State’s Attorney’s office has brought a legal action seeking forfeiture of your seized property. This complaint starts the court process where the State seeks to prove that your property should be forfeited and not returned to you. This process is also your opportunity to try to prove to a judge that you should get your property back. The complaint lists the date, time, and location of your first court date. You must appear in court on that day, or you may lose the case automatically. You must also file an appearance and answer. If you are unable to pay the appearance fee, you may qualify to have the fee waived. If there is a criminal case related to the seizure of your property, your case may be set for trial after the criminal case has been resolved. Before trial, the judge may allow discovery, where the State can ask you to respond in writing to questions and give them certain documents, and you can make similar requests of the State. The trial is your opportunity to explain what happened when your property was seized and why you should get the property back.”
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