Title 26Internal Revenue CodeRelease 119-73

§7323 Judicial action to enforce forfeiture

Title 26 › Subtitle Subtitle F— - Procedure and Administration › Chapter CHAPTER 75— - CRIMES, OTHER OFFENSES, AND FORFEITURES › Subchapter Subchapter C— - Forfeitures › Part PART II— - PROVISIONS COMMON TO FORFEITURES › § 7323

Last updated Apr 6, 2026|Official source

Summary

Seized property for forfeiture is handled as a case against the property in the U.S. District Court for the district where it was taken. If a bond under section 7324(3) got the property back before seizure, the marshal must notify bond signers as the court directs, and the court must assess the seizure costs.

Full Legal Text

Title 26, §7323

Internal Revenue Code — Source: USLM XML via OLRC

(a)The proceedings to enforce such forfeitures shall be in the nature of a proceeding in rem in the United States District Court for the district where such seizure is made.
(b)In case bond as provided in section 7324(3) shall have been executed and the property returned before seizure thereof by virtue of process in the proceedings in rem authorized in subsection (a) of this section, the marshal shall give notice of pendency of proceedings in court to the parties executing said bond, by personal service or publication, and in such manner and form as the court may direct, and the court shall thereupon have jurisdiction of said matter and parties in the same manner as if such property had been seized by virtue of the process aforesaid.
(c)The cost of seizure made before process issues shall be taxable by the court.

Reference

Citations & Metadata

Citation

26 U.S.C. § 7323

Title 26Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73