What is a 'claim' in asset forfeiture?

• A. A claim is the act of the owner selling the property.
• B. A claim is the formal assertion by a party of their legal interest in the seized property, requesting a hearing or status in the case.
• C. A claim is the government filing to commence forfeiture.
• D. A claim is a suggestion by the court for settlement.

Answer: (B)

A claim is the formal assertion by a party of their legal interest in the seized property, requesting a hearing or status in the case.

In asset forfeiture, when property is seized, someone with a legal interest—such as the owner or a lienholder—must file a claim to show they have a legitimate right to the property and to participate in the proceedings. This claim establishes their standing and triggers their right to a hearing or other judicial consideration of their interest. It is not the government filing to start forfeiture, nor simply a sale of the property or a court’s settlement suggestion.