Administration of Justice Bulletin #2025/04

When a person's motor vehicle is seized and forfeited, it can impact their finances, employment, and/or education. Both the federal and state constitutions protect against seizure and forfeiture of property without due process. Due process guarantees (1) notice and (2) a meaningful opportunity to be heard before being deprived of any property interest. As a result, for any seizure or forfeiture, there are prerequisite conditions that must be met and procedures that must be followed. 

A motor vehicle may be seized or forfeited in North Carolina (1) when it is, or when it contains, evidence of a crime; (2) when it is used as an instrumentality of a crime; (3) to satisfy a debt or judgment; or (4) as a consequence of it being used in the commission of certain crimes. This bulletin focuses on the fourth circumstance: seizure and forfeiture as a consequence of being used in the commission of certain crimes. Even within this category, the rules and procedures that apply vary based on the underlying statutory authority. This bulletin addresses these rules and procedures.