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Civil Asset Forfeiture and How to Fight a Seizure

Halima Culley lent her car to her son. Alabama police arrested him for marijuana and took the car. She had done nothing wrong, and it still took about 20 months to get it back. Across the country, most owners never reach a judge at all.

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What Is Civil Asset Forfeiture

Civil asset forfeiture is a legal process that lets the government take property it says was connected to a crime, without charging or convicting the owner. The case is brought against the property itself, which is why forfeiture cases have names like United States v. $35,000 in U.S. Currency.

In most states and in federal law, the owner has to fight to get the property back. Criminal forfeiture comes only after a conviction. Civil forfeiture needs no conviction at all, and in most places the police or prosecutors who take the property keep some or all of what it brings in.

Key facts

  • Governments have forfeited at least $82 billion in property since 2000, $57 billion of it federal (Institute for Justice).
  • In 24 states, half of cash forfeitures are worth less than $1,678. A lawyer to fight one costs about $3,300 (IJ).
  • 35 states get a D or an F for their forfeiture laws from the Institute for Justice. Federal law gets a D-.
  • The Justice Department’s forfeiture fund took in $2.3 billion in fiscal 2025 (DOJ).

Civil and criminal forfeiture take the same property under different rules. The table sets them side by side.

Civil and criminal forfeiture compared

Criminal forfeitureCivil forfeiture
Does the owner have to be convicted?Yes. Forfeiture is part of the sentenceNo. The owner may never be charged
Who is on trial?The personThe property itself
Who has a lawyer paid for?A defendant who cannot afford oneUsually no one, so owners pay or go without
Who must prove innocence?The government must prove guiltIn many states, owners must prove they did not know of the crime

Source: Congressional Research Service, Crime and Forfeiture (97-139); Institute for Justice, Policing for Profit (2026)

If Your Property Was Seized

The most important thing after a seizure is the deadline. Most people who lose property to forfeiture lose it because they never filed a claim in time, not because a judge ruled against them. In the three states with data, 62% to 76% of seizures ended in forfeiture by default.

Find your situation

Start with what was taken and who took it. This is general information, not legal advice. Deadlines vary by state and can be short.

Police took my cash or car during a traffic stop
  1. Get the receipt or inventory for what was taken, and write down the date, agency, and officers' names.
  2. Watch for a notice of forfeiture by mail. It names the deadline to file a claim, which can be as short as a few weeks.
  3. File the claim before the deadline even if you have not found a lawyer yet. Missing it usually means losing the property by default.
  4. Contact a lawyer who handles forfeiture. The Institute for Justice takes some cases for free, and many state bar associations run referral services.
My property was taken because of someone else's crime
  1. Raise the innocent owner defense in your claim: say you did not know about the crime, or took reasonable steps to stop it.
  2. Gather proof you own the property, such as the title, registration, bank records, or receipts.
  3. Ask whether your state requires the government to prove you knew. In many states, the owner carries that burden.
A federal agency (DEA, FBI, Customs) sent a forfeiture notice
  1. Federal notices set a deadline to file a claim that must be at least 35 days after the notice is mailed ([18 U.S.C. 983](https://www.law.cornell.edu/uscode/text/18/983)).
  2. Filing a claim moves the case to federal court, where the government must prove its case. You can also file a petition asking the agency to return the property, but that alone does not get you before a judge.
  3. If you cannot afford a lawyer and your home is at stake, federal law lets the court appoint one.
I was charged with a crime and my property was taken
  1. Tell your criminal defense lawyer about the forfeiture. It is often a separate case with its own deadline.
  2. Ask whether the forfeiture can be tied to the outcome of the criminal case, so the property comes back if you are acquitted.
  3. If the property is worth far more than the crime, the Excessive Fines Clause may apply (Timbs v. Indiana, 2019).

How a Seizure Becomes a Forfeiture

Forfeiture usually starts with a seizure on the street, often without a warrant, and ends months later with a notice most owners do not contest. The steps below show the common path.

From seizure to forfeiture

  1. Day 1 Seizure Police take cash, a car, or other property they say is tied to a crime, often during a traffic stop.
  2. Weeks Notice to the owner The agency or prosecutor mails notice of the forfeiture and the deadline to claim the property.
  3. Short deadline Claim or default Owners who file nothing lose the property by default. This is how most forfeitures end.
  4. Months to years Court case If the owner files, the case goes to a judge. In half the states, the deadlines before a hearing add up to about six months.
  5. Final Forfeited or returned The property goes to the government, often to the agency that took it, or back to the owner.

Source: Institute for Justice, Policing for Profit (2026); 18 U.S.C. 983.

Most owners never reach a judge. Across five states with data, only 10% to 24% of seizures were contested. At the federal level, 71% of Justice Department forfeitures were decided administratively, by the agency itself, with no court involved.

62-76%
Share of seizures forfeited by default in three states with data
$1,678
Median cash forfeiture across 24 states
188 days
Known deadlines before a hearing, in half the states

The math explains why owners walk away. When the typical cash forfeiture is smaller than the cost of a lawyer, fighting a seizure can cost more than giving up, even for an owner who did nothing wrong.

Your State’s Civil Forfeiture Grade

Only three states earn an A or A- from the Institute for Justice: Maine, New Mexico and Wisconsin. 27 states get the lowest D-, and Massachusetts gets an F. The grades weigh how much proof the government needs, how well innocent owners are protected, and whether police and prosecutors keep the money they take.

How does your state grade on civil forfeiture?

Choose your state to see its grade from the Institute for Justice's 2026 study.

A good state grade does not end forfeiture in that state. Local police can still bring cases to federal agencies through equitable sharing, where federal law and its D- grade apply.

Civil forfeiture grade

  • A range (3 states)
  • B range (3 states and D.C.)
  • C range (9 states)
  • D range (34 states)
  • F (1 state)
Civil forfeiture grade Institute for Justice grade for each state's civil forfeiture laws, 2026. Tap a state for its exact grade.

Sources: Institute for Justice, Policing for Profit (4th edition, March 24, 2026). Verified March 24, 2026.

Civil forfeiture grade
State State gradeFederal law
Alabama D- for its civil forfeiture lawsD- for federal law
Alaska D+ for its civil forfeiture lawsD- for federal law
Arizona D- for its civil forfeiture lawsD- for federal law
Arkansas D- for its civil forfeiture lawsD- for federal law
California C for its civil forfeiture lawsD- for federal law
Colorado C for its civil forfeiture lawsD- for federal law
Connecticut C for its civil forfeiture lawsD- for federal law
Delaware D- for its civil forfeiture lawsD- for federal law
District of Columbia B+ for its civil forfeiture lawsD- for federal law
Florida C for its civil forfeiture lawsD- for federal law
Georgia D- for its civil forfeiture lawsD- for federal law
Hawaii D- for its civil forfeiture lawsD- for federal law
Idaho D- for its civil forfeiture lawsD- for federal law
Illinois D- for its civil forfeiture lawsD- for federal law
Indiana D for its civil forfeiture lawsD- for federal law
Iowa D- for its civil forfeiture lawsD- for federal law
Kansas D- for its civil forfeiture lawsD- for federal law
Kentucky D- for its civil forfeiture lawsD- for federal law
Louisiana D+ for its civil forfeiture lawsD- for federal law
Maine A for its civil forfeiture lawsD- for federal law
Maryland B+ for its civil forfeiture lawsD- for federal law
Massachusetts F for its civil forfeiture lawsD- for federal law
Michigan D- for its civil forfeiture lawsD- for federal law
Minnesota D for its civil forfeiture lawsD- for federal law
Mississippi C- for its civil forfeiture lawsD- for federal law
Missouri B+ for its civil forfeiture lawsD- for federal law
Montana D- for its civil forfeiture lawsD- for federal law
Nebraska C- for its civil forfeiture lawsD- for federal law
Nevada D- for its civil forfeiture lawsD- for federal law
New Hampshire D for its civil forfeiture lawsD- for federal law
New Jersey D- for its civil forfeiture lawsD- for federal law
New Mexico A for its civil forfeiture lawsD- for federal law
New York C for its civil forfeiture lawsD- for federal law
North Carolina B+ for its civil forfeiture lawsD- for federal law
North Dakota D- for its civil forfeiture lawsD- for federal law
Ohio D- for its civil forfeiture lawsD- for federal law
Oklahoma D- for its civil forfeiture lawsD- for federal law
Oregon C for its civil forfeiture lawsD- for federal law
Pennsylvania D- for its civil forfeiture lawsD- for federal law
Rhode Island D- for its civil forfeiture lawsD- for federal law
South Carolina D- for its civil forfeiture lawsD- for federal law
South Dakota D- for its civil forfeiture lawsD- for federal law
Tennessee D- for its civil forfeiture lawsD- for federal law
Texas D+ for its civil forfeiture lawsD- for federal law
Utah D- for its civil forfeiture lawsD- for federal law
Vermont C- for its civil forfeiture lawsD- for federal law
Virginia D- for its civil forfeiture lawsD- for federal law
Washington D+ for its civil forfeiture lawsD- for federal law
West Virginia D- for its civil forfeiture lawsD- for federal law
Wisconsin A- for its civil forfeiture lawsD- for federal law
Wyoming D- for its civil forfeiture lawsD- for federal law
See all states in a table
Showing 51 of 51 states
AlabamaD- for its civil forfeiture lawsD- for federal law
AlaskaD+ for its civil forfeiture lawsD- for federal law
ArizonaD- for its civil forfeiture lawsD- for federal law
ArkansasD- for its civil forfeiture lawsD- for federal law
CaliforniaC for its civil forfeiture lawsD- for federal law
ColoradoC for its civil forfeiture lawsD- for federal law
ConnecticutC for its civil forfeiture lawsD- for federal law
DelawareD- for its civil forfeiture lawsD- for federal law
District of ColumbiaB+ for its civil forfeiture lawsD- for federal law
FloridaC for its civil forfeiture lawsD- for federal law
GeorgiaD- for its civil forfeiture lawsD- for federal law
HawaiiD- for its civil forfeiture lawsD- for federal law
IdahoD- for its civil forfeiture lawsD- for federal law
IllinoisD- for its civil forfeiture lawsD- for federal law
IndianaD for its civil forfeiture lawsD- for federal law
IowaD- for its civil forfeiture lawsD- for federal law
KansasD- for its civil forfeiture lawsD- for federal law
KentuckyD- for its civil forfeiture lawsD- for federal law
LouisianaD+ for its civil forfeiture lawsD- for federal law
MaineA for its civil forfeiture lawsD- for federal law
MarylandB+ for its civil forfeiture lawsD- for federal law
MassachusettsF for its civil forfeiture lawsD- for federal law
MichiganD- for its civil forfeiture lawsD- for federal law
MinnesotaD for its civil forfeiture lawsD- for federal law
MississippiC- for its civil forfeiture lawsD- for federal law
MissouriB+ for its civil forfeiture lawsD- for federal law
MontanaD- for its civil forfeiture lawsD- for federal law
NebraskaC- for its civil forfeiture lawsD- for federal law
NevadaD- for its civil forfeiture lawsD- for federal law
New HampshireD for its civil forfeiture lawsD- for federal law
New JerseyD- for its civil forfeiture lawsD- for federal law
New MexicoA for its civil forfeiture lawsD- for federal law
New YorkC for its civil forfeiture lawsD- for federal law
North CarolinaB+ for its civil forfeiture lawsD- for federal law
North DakotaD- for its civil forfeiture lawsD- for federal law
OhioD- for its civil forfeiture lawsD- for federal law
OklahomaD- for its civil forfeiture lawsD- for federal law
OregonC for its civil forfeiture lawsD- for federal law
PennsylvaniaD- for its civil forfeiture lawsD- for federal law
Rhode IslandD- for its civil forfeiture lawsD- for federal law
South CarolinaD- for its civil forfeiture lawsD- for federal law
South DakotaD- for its civil forfeiture lawsD- for federal law
TennesseeD- for its civil forfeiture lawsD- for federal law
TexasD+ for its civil forfeiture lawsD- for federal law
UtahD- for its civil forfeiture lawsD- for federal law
VermontC- for its civil forfeiture lawsD- for federal law
VirginiaD- for its civil forfeiture lawsD- for federal law
WashingtonD+ for its civil forfeiture lawsD- for federal law
West VirginiaD- for its civil forfeiture lawsD- for federal law
WisconsinA- for its civil forfeiture lawsD- for federal law
WyomingD- for its civil forfeiture lawsD- for federal law

Sources: Institute for Justice, Policing for Profit (4th edition, March 24, 2026). Verified March 24, 2026.

A state’s grade is not the whole story, because of equitable sharing. Under that program, state and local police hand a seizure to a federal agency, the case runs under federal law, and the local agency gets back up to 80% of the proceeds. About a third of the country’s law enforcement agencies, more than 5,000, took part each year from 2019 to 2023, according to the Institute for Justice. Since 2000, more than $10 billion, about 18% of federal forfeiture revenue, has flowed back to local agencies this way.

How Much Civil Forfeiture Takes

The Justice Department’s forfeiture fund has taken in about $2 billion a year over the past decade, and a few giant cases drive the spikes. The fund holds proceeds from forfeitures by the FBI, the DEA, and other Justice Department agencies, criminal and civil combined.

Justice Department Assets Forfeiture Fund receipts, $ billions, by fiscal year
Justice Department Assets Forfeiture Fund receipts, $ billions, by fiscal year
CategoryValue
Fiscal 2016$1.9B
Fiscal 2017$1.6B
Fiscal 2018$1.3B
Fiscal 2019$2.2B
Fiscal 2020$1.7B
Fiscal 2021$1.4B
Fiscal 2022$1.7B
Fiscal 2023$3.3B
Fiscal 2024$2.4B
Fiscal 2025$2.3B

Source: U.S. Department of Justice, Asset Forfeiture Program, Total Deposits and Expenses, fiscal 2016-2025. Receipts include criminal and civil forfeitures.

The $3.3 billion in fiscal 2023 came mostly from two corporate cases: Danske Bank ($1.2 billion) and Lafarge ($687 million), according to the Justice Department. Those are criminal cases against companies. The everyday forfeitures behind most of the fund’s regular receipts are smaller: cash, cars, and phones taken in drug cases and traffic stops.

State and local forfeiture adds more. The Institute for Justice counted a little under $300 million forfeited under state laws in 2023 in the 45 states and D.C. that reported, and warns the real figure is higher because a third of state data is missing.

The Supreme Court Rulings on Civil Forfeiture

The Supreme Court has limited forfeiture at the edges but has not questioned civil forfeiture itself. Two recent cases set the current rules.

In Timbs v. Indiana (2019), Indiana tried to take Tyson Timbs’s $42,000 Land Rover after he pleaded guilty to selling heroin. The most the state could fine him was $10,000, less than a quarter of the car’s price. A unanimous Court held that the Eighth Amendment’s ban on excessive fines applies to the states, so a forfeiture grossly out of proportion to the offense can be struck down.

In Culley v. Marshall (2024), Halima Culley and Lena Sutton had lent their cars to people who were arrested. Alabama filed forfeiture cases within about two weeks, and both women later won their cars back as innocent owners. Culley’s car was returned about 20 months after it was seized. The Court held 6-3 that due process requires a timely forfeiture hearing but not a separate, earlier hearing on whether police can keep the car in the meantime. The majority noted that Culley waited six months to answer the state’s complaint. Justice Sotomayor dissented, joined by Justices Kagan and Jackson.

Where civil forfeiture law stands

As of September 26, 2026

  • Civil Asset Forfeiture Reform Act (2000) Law

    Sets federal rules: the government must prove its case by a preponderance of the evidence, innocent owners have a defense, and courts can appoint a lawyer when a home is at stake. (source)

  • Timbs v. Indiana Final ruling, 9-0, 2019

    The Excessive Fines Clause limits state forfeitures. (source)

  • Culley v. Marshall Final ruling, 6-3, 2024

    No separate early hearing is required before a forfeiture trial. (source)

  • Federal adoption of local seizures Agency action, allowed with limits

    The Justice Manual lets federal agencies adopt state and local seizures, with lawyer review required unless there was a warrant, an arrest, or contraband. (source)

  • FAIR Act (federal reform bill) Ended, died in 2025

    Would have raised the burden of proof and ended equitable sharing. The House Judiciary Committee approved it 26-0 in June 2023, but it died when that Congress ended. (source)

Source: Cornell LII; govinfo; U.S. Department of Justice; Institute for Justice

The Case For and Against Civil Forfeiture

Supporters say forfeiture takes the profit out of crime, especially when a suspect cannot be found or charged. The Justice Department describes forfeiture as a way to disrupt criminal organizations and return money to victims, and it points to cases where proceeds paid restitution. Prosecutors argue that drug money and cash found hidden in a car should not go back on the street because no one was convicted.

Critics say the incentives are backward. The Institute for Justice, the ACLU, and lawmakers in both parties argue that letting police keep what they seize rewards seizing, and that owners who were never charged carry the cost. The Institute’s 2026 study reviews research finding that forfeiture does not reduce crime, and it notes that most forfeitures are small amounts taken from people who cannot afford to fight.

Both sides have written reforms. Maine, New Mexico and Nebraska ended or sharply limited civil forfeiture, and several states now require a conviction. At the federal level, the FAIR Act drew support from both parties but did not become law.

  • Not every seizure is civil forfeiture. Evidence held for a trial and property forfeited after a conviction follow different rules.
  • Not every forfeiture is abusive. Some take the proceeds of large frauds and return them to victims.
  • A state’s grade is not a guarantee. Equitable sharing lets local police use federal law instead.

Which states have banned civil asset forfeiture?

New Mexico and Maine ended civil forfeiture and use only criminal forfeiture, which requires a conviction. Other states, including Nebraska and North Carolina, allow forfeiture only after a conviction in most cases. The Institute for Justice gives Maine and New Mexico an A and Wisconsin an A-.

How do I get my property back from civil forfeiture?

File a claim before the deadline on your forfeiture notice, gather proof you own the property, and raise the innocent owner defense if the crime was someone else’s. A lawyer who handles forfeiture can help, and some nonprofit groups take cases for free.

Is civil forfeiture legal?

Yes. Courts have upheld civil forfeiture for over two centuries. The Supreme Court has set limits, such as the ban on excessive fines in Timbs v. Indiana, but it has not ruled the practice unconstitutional.

What You Can Do

  1. Know the deadline rule. If police take your property, file a claim before the deadline on the notice, even before you find a lawyer. Share that rule with family members who drive or carry cash.
  2. Look up your state. Use the grade finder above, then read your state’s profile in the Institute for Justice’s Policing for Profit study to see what your law allows.
  3. Ask your state legislators to require a conviction. Ask them to end civil forfeiture, send proceeds to the general fund instead of police budgets, and ban local agencies from using equitable sharing to get around state law.
  4. Ask Congress to pass federal reform. Ask your members of Congress to reintroduce and pass a bill like the FAIR Act that raises the burden of proof and ends equitable sharing. Our guide to writing your members of Congress covers how.