In Texas, which court action is most commonly used to pursue asset forfeiture when linking to criminal activity?

• A. Administrative hearing
• B. Civil in rem
• C. Small claims court
• D. Criminal in personam

Answer: (B)

When property is connected to criminal activity, the action most often used is one that targets the property itself rather than the person. This civil in rem proceeding treats the asset as the defendant and asks the court to determine whether the property should be forfeited because of its involvement in or connection to illegal activity. The owner may later challenge the claim and try to prove legitimate ownership or innocence, but the initial move is to proceed against the asset. This approach is common in Texas because it allows forfeiture based on the property’s ties to crime without requiring a criminal conviction of the owner. In contrast, administrative hearings deal with regulatory penalties, small claims court handles limited monetary disputes, and criminal in personam prosecutes the individual, not the asset.