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Police can take your cash, your car or other property and the State can then try to keep it through a civil case, separate from any criminal charge. Indiana's law sets short deadlines on both sides. The prosecutor has a limited time to file, and once you are served with a complaint, you have a limited time to respond. If you do not respond properly, you can lose the property without a trial on the merits.
It is a civil lawsuit the State files to take ownership of property it says is connected to a crime. The case is brought by the county prosecutor, in the name of the State, in the circuit or superior court where the seizure happened.
It is separate from a criminal case. You can face both at once, and they follow different rules. Do not assume your criminal lawyer has also appeared in the forfeiture case.
Usually, the State does not need a criminal conviction to pursue civil forfeiture, although particular statutory categories have additional requirements. A dismissal or acquittal does not, by itself, necessarily resolve the separate forfeiture case. The reason for that criminal disposition and the evidence available in the forfeiture case can matter.
The list is long. The most common categories include:
Carrying cash, even a large amount, is not itself a crime. But police can seize property incident to a lawful arrest, search or administrative inspection, or under a court order based on probable cause.
When property is seized without a court order, the prosecutor must file an affidavit of probable cause with a court within seven days. If the court does not find probable cause, it must order the property returned to the owner of record.
In a contested forfeiture case, the State ordinarily must establish a substantial connection between the money and an identified criminal offense.
A special rule applies when the State establishes that money was found near or on someone committing, attempting to commit, or conspiring to commit one of the drug offenses listed in the statute. That creates a rebuttable presumption that the money is forfeitable. The person contesting forfeiture must then present evidence to rebut that showing. Records establishing ownership and a lawful source can be important.
The legality of the stop, search and seizure can also be challenged. Constitutional violations may require exclusion of evidence or defeat a requested transfer to federal authorities. The available remedy depends on the violation and the evidence supporting the government's case.
For an Indiana forfeiture action under this statute, the prosecutor generally must file a complaint within the earlier of 90 days after seizure or 21 days after receiving the owner's written demand for return. The demand should be delivered to the prosecuting attorney for the county where the seizure occurred, and you should keep proof of delivery. Receipt, not mailing, starts the 21 days.
If the applicable deadline expires without a forfeiture complaint, the statute requires immediate return and bars storage, transportation and maintenance charges. Whether the property is also being held as criminal evidence or is involved in federal proceedings requires separate review.
A demand is worth thinking through with a lawyer. It can bring the case to a head sooner, and what it says about the property can matter if there is a criminal case.
Act immediately. The forfeiture statute provides a 20-day answer period after service. The applicable deadline must be calculated under the governing court rules and any court orders. If you fail to respond properly, the State can seek a default judgment and obtain the property without a trial on the merits.
The owner and anyone with a right, title or interest of record, not only the person the police stopped, can file an answer and appear at the hearing. For vehicles and real estate, the prosecutor must serve each person whose interest is of record.
At the hearing, the prosecutor must show by a preponderance of the evidence, meaning more likely than not, that the property falls within the statute. That is a lower standard than in a criminal case.
For a vehicle, the prosecutor must also show by a preponderance of the evidence that a person with an ownership interest of record at the BMV knew or had reason to know that the vehicle was being used in the offense.
If the prosecutor falls short, the court must order the property released to the owner, unless possessing it would be illegal, and you do not owe storage or preservation costs.
Indiana recognizes a constitutional right to a jury trial in civil forfeiture actions of the kind addressed by the Indiana Supreme Court. The right must be preserved through the applicable procedures, so discuss a jury demand with your lawyer promptly.
For example, a parent's car may be seized while an adult child is driving it. The State has to show that a person with a recorded ownership interest knew or had reason to know how the vehicle was being used. A vehicle's owner may also be able to get it back while the case is pending.
Innocent co-owners and holders of qualifying liens or security interests have separate statutory protections. If the statutory requirements are satisfied and the protected interest equals or exceeds the property's appraised value, the court must release the property to that person. If the interest is smaller, the person may be able to recover the property by paying the difference.
Sometimes. If the vehicle or real estate was being operated or possessed by someone who is not an owner when it was seized, the owner can file a verified petition for provisional release. The prosecutor must notify the owner of record of this right within seven days after probable cause is determined.
At the hearing, you must show that:
The prosecutor can respond with evidence that returning it would likely damage or reduce its value, or lead to continued illegal use. If the court grants the petition, you must maintain the property and not sell it without the prosecutor's permission, and the court can add conditions such as a cash bond, mileage limits or insurance.
A court cannot grant provisional release if the prosecutor has moved to transfer the property to federal authorities.
Yes. The Eighth Amendment prohibits excessive fines, including qualifying punitive civil forfeitures. In Timbs v. Indiana, a case about the forfeiture of an Indiana man's Land Rover, the U.S. Supreme Court held in 2019 that this protection applies to the states. The Indiana Supreme Court later held that forfeiture unconstitutional.
For a forfeiture based on property's use in crime, Indiana examines whether the property was an instrument of the offense and whether the punishment is grossly disproportionate to the offense and the owner's culpability. Relevant facts can include the property's value, its lawful and unlawful uses, other penalties, the seriousness of the conduct, and the effect of losing the property on the owner.
The owner must raise and support the constitutional challenge. A valuable vehicle is not automatically protected simply because its value exceeds the maximum criminal fine.
A forfeiture case and a criminal case can proceed at the same time. Statements in pleadings, discovery, verified petitions or testimony can affect the criminal defense. Counsel should coordinate both cases and evaluate self-incrimination concerns before factual statements are made.
Property not forfeited is treated separately. After a criminal case ends, property that can be lawfully possessed must generally be returned to its rightful owner, and if it was admitted into evidence, the court's order controls.
Yes. Indiana law permits a prosecutor to seek a court order transferring qualifying seized property to federal authorities. An owner may have grounds to challenge the lawfulness of the search or seizure before transfer. Federal proceedings have different notice, claim and court response requirements. An Indiana demand for return does not replace a required federal claim.
If the State wins, subject to protected interests and statutory exceptions, and after any outside attorney's fees, one third of the remaining amount goes to the prosecutor's forfeiture fund. Then 85 percent of what is left goes to a state, local or drug task force fund as the court decides, to offset investigation expenses, and the remainder goes to the common school fund.
A vehicle can also be used by the law enforcement agency for up to three years before being sold. A prosecutor may retain an outside attorney under a regulated contingency fee agreement. Prosecutors and deputies acting within their official duties may not receive a contingency fee.
Some forfeiture cases can be resolved by agreement. Any proposed settlement should clearly identify the property and interests resolved and be reviewed alongside any related criminal case. Do not assume that resolving one case resolves the other.
Every case depends on its own facts. This page is general information, not legal advice, and past results do not guarantee a similar outcome. Last reviewed October 31, 2026.