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Ohio Revised Code

Ohio Rev. Code § 2981.05 (2026)

Civil forfeiture action

✓ current as of May 2026
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Effective:
April 9, 2025
Latest Legislation:
House Bill 331 - 135th General Assembly
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(A) After the seizure of property described in division (A) of section 2981.02 of the Revised Code and not sooner than three months after the property owner is deceased as described in division (A)(1)(a) of this section, not sooner than three months after the property owner has not claimed, or asserted any interest in, the property as described in division (A)(2) of this section, or not sooner than one year after division (A)(1)(b)(i) or (ii) of this section applies, the prosecutor of the political subdivision in which the property is located may commence a civil forfeiture action under this section by filing in the court of common pleas of the county in which the property is located a complaint requesting an order that forfeits the property to the state or a political subdivision. A complaint for civil forfeiture may only be filed under this division if the property was seized with probable cause that it was involved in the commission of a felony or a gambling offense or was directly or indirectly obtained through the commission of a felony or a gambling offense and either of the following applies:

(1) The property owner is unavailable to the court for one of the following reasons:

(a) The property owner is deceased.

(b) An indictment for a felony or a charge for a gambling offense has been filed against the property owner, a warrant was issued for the arrest of the property owner, and either of the following applies:

(i) The property owner is outside the state and unable to be extradited or brought back to the state for prosecution for the felony or gambling offense.

(ii) Reasonable efforts have been made by law enforcement authorities to locate and arrest the property owner, but the property owner has not been located.

(2) The property owner has not claimed the property subject to forfeiture or asserted any interest in the property at any time during or after its seizure, verbally or in writing, and all claims brought under division (A)(4) of section 2981.03 of the Revised Code have been denied.

(B)(1) The filing of a complaint for civil forfeiture under division (A) of this section shall be consistent with division (F) of section 2981.03 of the Revised Code. The complaint shall state all of the following:

(a) The facts that support the state's or political subdivision's allegations in the complaint;

(b) The alleged felony or gambling offense that subjects the property to forfeiture under division (A) of section 2981.02 of the Revised Code.

(2) If the property owner is unavailable to the court because the property owner is deceased as provided in division (A)(1)(a) of this section, the complaint shall include a certified copy of the death certificate of the property owner.

(C) Simultaneously with or after the filing of a complaint, indictment, or information charging an offense or a complaint charging a delinquent act, the prosecutor may commence a civil forfeiture action by filing in the court in which the applicable complaint, indictment, or information is filed a complaint requesting an order that forfeits to the state or political subdivision any property that is involved in the offense or delinquent act and is subject to forfeiture under section 2981.02 of the Revised Code. The civil forfeiture action filed under this division shall be stayed during the pendency of the applicable criminal or delinquency proceedings. That civil forfeiture action shall proceed after the defendant is convicted of, or enters intervention in lieu of conviction for, the offense involved or the juvenile is adjudicated a delinquent child for the delinquent act involved.

(D)(1) Subject to division (D)(7) of this section, the state may file a civil forfeiture action, in the form of a civil action, against any person who is alleged to have received, retained, possessed, or disposed of proceeds, in an amount exceeding fifteen thousand dollars, knowing or having reasonable cause to believe that the proceeds were allegedly derived from the commission of an offense subject to forfeiture proceedings in violation of section 2927.21 of the Revised Code. The complaint shall be filed in the court of common pleas of the county in which the proceeds were alleged to have been received, retained, possessed, or disposed of by the person. The complaint shall specify all of the following:

(a) That the person against whom the complaint is filed is alleged to have received, retained, possessed, or disposed of proceeds, in an amount exceeding fifteen thousand dollars, knowing or having reasonable cause to believe that the proceeds were allegedly derived from the commission of an offense subject to forfeiture proceedings in violation of section 2927.21 of the Revised Code;

(b) That the state has the right to recover the proceeds described in division (D)(1)(a) of this section;

(c) The actual amount of the proceeds described in division (D)(1)(a) of this section.

(2) Subject to division (D)(7) of this section, a civil action filed under division (D)(1) of this section shall be stayed if a criminal complaint, indictment, or information is filed against the person who is alleged to have received, retained, possessed, or disposed of proceeds, in an amount exceeding fifteen thousand dollars, knowing or having reasonable cause to believe that the proceeds were derived from the commission of an offense subject to forfeiture proceedings in violation of section 2927.21 of the Revised Code.

(3) In a civil action filed under division (D)(1) of this section, the state has the burden to prove by clear and convincing evidence all of the following:

(a) That the person received, retained, possessed, or disposed of the proceeds involved;

(b) That the person knew or had reasonable cause to believe that the proceeds were derived from the alleged commission of an offense subject to forfeiture proceedings in violation of section 2927.21 of the Revised Code;

(c) Subject to division (D)(7) of this section, the actual amount of the proceeds received, retained, possessed, or disposed of by the person that exceeds fifteen thousand dollars.

(4) Any statements made in a civil action under division (D)(1) of this section are inadmissible as evidence in a criminal action brought against the person involved for a violation of section 2927.21 of the Revised Code, except for purposes of impeachment.

(5) Subject to division (D)(7) of this section, a civil action under division (D)(1) of this section shall be commenced within two years after the latest date on which a person allegedly received, retained, possessed, or disposed of proceeds, in an amount exceeding fifteen thousand dollars, knowing or having reasonable cause to believe that the proceeds were allegedly derived from the commission of an offense subject to forfeiture proceedings in violation of section 2927.21 of the Revised Code.

(6) The court shall complete the trial of the civil action under division (D)(1) of this section within one year after the action is commenced unless the parties to the action mutually agree to extend the one-year period or the extension of that period is for good cause shown.

(7) The amount of fifteen thousand dollars specified in divisions (D)(1), (2), (3)(c), and (5) of this section shall be increased on the first day of the following January, starting on January 1, 2018, by the rate of inflation for the twelve-month period ending in September of the prior year according to the consumer price index or its successor index.

(E) For purposes of this section, there is a rebuttable presumption that the person in possession of the property at the time of its seizure is considered to be the owner of the property unless legal title to the property states otherwise.

(F) Prior to the commencement of a civil forfeiture action under this section, the prosecutor shall attempt to identify any person with an interest in the property subject to forfeiture by searching appropriate public records and making reasonably diligent inquiries. At the time of filing the complaint, the prosecutor shall give notice of the commencement of the civil action, together with a copy of the complaint, to each person who is reasonably known to have any interest in the property, by certified mail, return receipt requested, or by personal service. The prosecutor shall cause a similar notice to be published, once each week for the two consecutive weeks immediately after the filing of the complaint, using at least one of the following methods:

(1) In the print or digital edition of a newspaper of general circulation in the county in which the property is located;

(2) On the official public notice web site established under section 125.182 of the Revised Code;

(3) On the web site and social media account of the county.

The published notice shall contain the date and location of the seizure of the property and an itemized list of the property seized that is sought to be forfeited in the complaint.

(G) A person with an interest in the property subject to forfeiture may petition the court to release the property pursuant to division (D) of section 2981.03 of the Revised Code. The court shall consider the petition as provided in that section. If a timely petition for pretrial hardship release is not filed, or if a petition is filed but not granted, the person may file a claim for the release of the property under the Rules of Civil Procedure. The court shall dispose of any petitions timely filed under this division.

(H) The court shall issue a civil forfeiture order if it determines that the prosecutor has proved by clear and convincing evidence that the property is subject to forfeiture under section 2981.02 of the Revised Code, and, after a proportionality review under section 2981.09 of the Revised Code when relevant, the trier of fact specifically describes the extent of the property to be forfeited. A civil forfeiture order shall state that all interest in the property in question of the property owner who committed the felony or gambling offense if division (A) of this section applies, of the adult or juvenile who committed the act if division (C) of this section applies, or of the person who is alleged to have received, retained, possessed, or disposed of proceeds if division (D) of this section applies that is the basis of the order is forfeited to the state or political subdivision and shall make due provision for the interest in that property of any other person, when appropriate under this section. The court may issue any additional order to affect the forfeiture, including, but not limited to, one or more orders under section 2981.06 of the Revised Code.

(I) If the court disposes of all petitions timely filed under this section in favor of the state or political subdivision, the state or political subdivision shall have clear title to the property that is the subject of a forfeiture order under this section, but only to the extent that other parties' lawful interests in the property are not infringed. To the extent that the state or political subdivision has clear title to the property, the state or political subdivision may warrant good title to any subsequent purchaser or other transferee.

(J) As used in this section:

(1) "Gambling offense" has the same meaning as in section 2915.01 of the Revised Code;

(2) "Offense subject to forfeiture proceedings" has the same meaning as in section 2927.21 of the Revised Code.

Last updated January 22, 2025 at 3:34 PM

Notes of Decisions
Cited in 81 cases (34 in the last 5 years), 2008–2026 · leading case: State v. Brimacombe, 960 N.E.2d 1042 (Ohio Ct. App. 2011).
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State v. Brimacombe, 960 N.E.2d 1042 (Ohio Ct. App. 2011). · cites it 6× “04 and a civil process under R.C. 2981.05. R.C. 2981.03(F) allows the prosecutor to elect either process.”
In re Forfeiture of Prop. of Astin, 2018 Ohio 1723 (Ohio Ct. App. 2018). · cites it 21× “In support of its appeal, the State contends that the trial court erred in dismissing the forfeiture action because the dismissal was based on the trial court's improper retroactive application of R.C. 2981.05, the civil forfeiture statute.”
In re $75,000.00 U.S. Currency, 2017 Ohio 9158 (Ohio Ct. App. 2017). · cites it 5× “Procedural History and Factual Background {¶ 3} On March 11, 2016, the state filed a complaint for civil forfeiture of the $75,000 found in Katz's vehicle pursuant to R.C. 2981.05. On May 31, 2016, Katz filed a motion to suppress the money found during the traffic stop.”
In re $593 US Currency Seized From Moore, 2017 Ohio 7330 (Ohio Ct. App. 2017). · cites it 13× “Former R.C. 2981.05(A) states that “[t]he prosecutor of the political subdivision in which property * * * [sought to be forfeited] is located may commence a civil forfeiture action by filing in the court of common pleas * * * a complaint requesting an order that forfeits the…”
Marmet Drug Task Force v. Paz, 2012 Ohio 4882 (Ohio Ct. App. 2012). · cites it 9× “On April 7, 2011, Petitioner filed a petition for civil forfeiture under R.C. 2981.05, which identified the $4,450.”
State v. Leet, 2021 Ohio 1334 (Ohio Ct. App. 2021). · cites it 5× “” R.C. 2981.05(A). State v. Recinos, 5th Dist.”
State v. Jimenez, 2023 Ohio 4317 (Ohio Ct. App. 2023). · cites it 11× “The trial court found that to prevail in a civil forfeiture proceeding under R.C. 2981.05, which governs civil forfeiture proceedings brought by the state regarding proceeds derived from criminal activity, the state must prove by clear and convincing evidence: (a) That the…”
Erie Cty. Sheriff's Off. v. Lacy, 2015 Ohio 72 (Ohio Ct. App. 2015). · cites it 8× “2013-CV-018) for forfeiture of Lacy’s automobile pursuant to R.C. 2981.05 (civil forfeiture). The sheriff’s office alleged that the vehicle was an instrumentality used in the commission of a felony and subject to forfeiture pursuant to R.”
In re $449 U.S. Currency, 2012 Ohio 1701 (Ohio Ct. App. 2012). · cites it 9× “2 OHIO FIRST DISTRICT COURT OF APPEALS {¶5} Before the state filed this civil forfeiture action under R.C. 2981.05, Sharon Dillman, the asset forfeiture unit coordinator for the Cincinnati Police Department, had attempted to determine persons with an interest in the Mustang.”
State v. Thomas, 2021 Ohio 151 (Ohio Ct. App. 2021). · cites it 5× “1G2ZG57B19412299, in the commission of felony drug offenses in violation of R.C. 2981.05. Appellee published the complaint in the Toledo Blade newspaper on February 13 and 20, 2018.”
In re Forfeiture of Prop. of Rhodes, 2013 Ohio 3046 (Ohio Ct. App. 2013). · cites it 8× “] {¶ 1} Defendant-appellant Diana Ankeny appeals a decision of the Montgomery County Court of Common Pleas which granted default judgment against her on a civil petition to forfeit property pursuant to R.C. 2981.05. The civil forfeiture petition was filed by the State of Ohio on…”
State v. White, 2024 Ohio 5916 (Ohio Ct. App. 2024). · cites it 7× “2981.03(A)(2). The forfeiture of seized property may then be pursued by a prosecuting attorney “in a criminal proceeding under R.”
Show all 81 citing cases →
— Ohio Rev. Code § 2981.05(A) — 23 cases
Marmet Drug Task Force v. Paz, 2012 Ohio 4882 (Ohio Ct. App. 2012). “On April 7, 2011, Petitioner filed a petition for civil forfeiture under R.C. 2981.05, which identified the $4,450.”
In re $593 US Currency Seized From Moore, 2017 Ohio 7330 (Ohio Ct. App. 2017). “Former R.C. 2981.05(A) states that “[t]he prosecutor of the political subdivision in which property * * * [sought to be forfeited] is located may commence a civil forfeiture action by filing in the court of common pleas * * * a complaint requesting an order that forfeits the…”
State v. Leet, 2021 Ohio 1334 (Ohio Ct. App. 2021). “” R.C. 2981.05(A). State v. Recinos, 5th Dist.”
State v. North, 2012 Ohio 5200 (Ohio Ct. App. 2012).
State v. Humphrey, 2022 Ohio 2456 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2981.05(B) — 10 cases
In re $593 US Currency Seized From Moore, 2017 Ohio 7330 (Ohio Ct. App. 2017). “Former R.C. 2981.05(A) states that “[t]he prosecutor of the political subdivision in which property * * * [sought to be forfeited] is located may commence a civil forfeiture action by filing in the court of common pleas * * * a complaint requesting an order that forfeits the…”
State v. Leet, 2021 Ohio 1334 (Ohio Ct. App. 2021). “” R.C. 2981.05(A). State v. Recinos, 5th Dist.”
Erie Cty. Sheriff's Off. v. Lacy, 2015 Ohio 72 (Ohio Ct. App. 2015). “2013-CV-018) for forfeiture of Lacy’s automobile pursuant to R.C. 2981.05 (civil forfeiture). The sheriff’s office alleged that the vehicle was an instrumentality used in the commission of a felony and subject to forfeiture pursuant to R.”
In re $449 U.S. Currency, 2012 Ohio 1701 (Ohio Ct. App. 2012). “2 OHIO FIRST DISTRICT COURT OF APPEALS {¶5} Before the state filed this civil forfeiture action under R.C. 2981.05, Sharon Dillman, the asset forfeiture unit coordinator for the Cincinnati Police Department, had attempted to determine persons with an interest in the Mustang.”
In re Forfeiture of Prop. of Rhodes, 2013 Ohio 3046 (Ohio Ct. App. 2013). “] {¶ 1} Defendant-appellant Diana Ankeny appeals a decision of the Montgomery County Court of Common Pleas which granted default judgment against her on a civil petition to forfeit property pursuant to R.C. 2981.05. The civil forfeiture petition was filed by the State of Ohio on…”
— Ohio Rev. Code § 2981.05(B)(5) — 1 case
State v. Adames Deli & Grocery, Inc., 2019 Ohio 2848 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2981.05(C) — 11 cases
In re $75,000.00 U.S. Currency, 2017 Ohio 9158 (Ohio Ct. App. 2017). “Procedural History and Factual Background {¶ 3} On March 11, 2016, the state filed a complaint for civil forfeiture of the $75,000 found in Katz's vehicle pursuant to R.C. 2981.05. On May 31, 2016, Katz filed a motion to suppress the money found during the traffic stop.”
State v. Leet, 2021 Ohio 1334 (Ohio Ct. App. 2021). “” R.C. 2981.05(A). State v. Recinos, 5th Dist.”
State v. North, 2012 Ohio 5200 (Ohio Ct. App. 2012).
State v. Housley, 2018 Ohio 4140 (Ohio Ct. App. 2018).
In re $593 US Currency Seized From Moore, 2017 Ohio 7330 (Ohio Ct. App. 2017). “Former R.C. 2981.05(A) states that “[t]he prosecutor of the political subdivision in which property * * * [sought to be forfeited] is located may commence a civil forfeiture action by filing in the court of common pleas * * * a complaint requesting an order that forfeits the…”
— Ohio Rev. Code § 2981.05(D) — 16 cases
In re $75,000.00 U.S. Currency, 2017 Ohio 9158 (Ohio Ct. App. 2017). “Procedural History and Factual Background {¶ 3} On March 11, 2016, the state filed a complaint for civil forfeiture of the $75,000 found in Katz's vehicle pursuant to R.C. 2981.05. On May 31, 2016, Katz filed a motion to suppress the money found during the traffic stop.”
Dayton Police Dept. v. Thompson, 2012 Ohio 2660 (Ohio Ct. App. 2012).
Marmet Drug Task Force v. Paz, 2012 Ohio 4882 (Ohio Ct. App. 2012). “On April 7, 2011, Petitioner filed a petition for civil forfeiture under R.C. 2981.05, which identified the $4,450.”
Erie Cty. Sheriff's Off. v. Lacy, 2015 Ohio 72 (Ohio Ct. App. 2015). “2013-CV-018) for forfeiture of Lacy’s automobile pursuant to R.C. 2981.05 (civil forfeiture). The sheriff’s office alleged that the vehicle was an instrumentality used in the commission of a felony and subject to forfeiture pursuant to R.”
In re $449 U.S. Currency, 2012 Ohio 1701 (Ohio Ct. App. 2012). “2 OHIO FIRST DISTRICT COURT OF APPEALS {¶5} Before the state filed this civil forfeiture action under R.C. 2981.05, Sharon Dillman, the asset forfeiture unit coordinator for the Cincinnati Police Department, had attempted to determine persons with an interest in the Mustang.”
— Ohio Rev. Code § 2981.05(D)(1) — 6 cases
State v. Jimenez, 2023 Ohio 4317 (Ohio Ct. App. 2023). “The trial court found that to prevail in a civil forfeiture proceeding under R.C. 2981.05, which governs civil forfeiture proceedings brought by the state regarding proceeds derived from criminal activity, the state must prove by clear and convincing evidence: (a) That the…”
In re Forfeiture of Prop. of Astin, 2018 Ohio 1723 (Ohio Ct. App. 2018). “In support of its appeal, the State contends that the trial court erred in dismissing the forfeiture action because the dismissal was based on the trial court's improper retroactive application of R.C. 2981.05, the civil forfeiture statute.”
Miller v. Ohio State Hwy. Patrol, 2020 Ohio 3231 (Ohio Ct. App. 2020).
State v. Jimenez, 2025 Ohio 651 (Ohio Ct. App. 2025).
State v. Pitts, 2023 Ohio 2005 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2981.05(D)(1)(a) — 1 case
State v. Jimenez, 2023 Ohio 4317 (Ohio Ct. App. 2023). “The trial court found that to prevail in a civil forfeiture proceeding under R.C. 2981.05, which governs civil forfeiture proceedings brought by the state regarding proceeds derived from criminal activity, the state must prove by clear and convincing evidence: (a) That the…”
— Ohio Rev. Code § 2981.05(D)(2) — 2 cases
State v. Thomas, 2021 Ohio 151 (Ohio Ct. App. 2021). “1G2ZG57B19412299, in the commission of felony drug offenses in violation of R.C. 2981.05. Appellee published the complaint in the Toledo Blade newspaper on February 13 and 20, 2018.”
State v. Gregory, 2024 Ohio 5526 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2981.05(D)(3) — 1 case
In Re $18,823.06 U.S. Currency &, 2018 Ohio 876 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2981.05(D)(3)(a) — 1 case
State v. Jimenez, 2023 Ohio 4317 (Ohio Ct. App. 2023). “The trial court found that to prevail in a civil forfeiture proceeding under R.C. 2981.05, which governs civil forfeiture proceedings brought by the state regarding proceeds derived from criminal activity, the state must prove by clear and convincing evidence: (a) That the…”
— Ohio Rev. Code § 2981.05(D)(3)(b) — 1 case
In re Forfeiture of Prop. of Astin, 2018 Ohio 1723 (Ohio Ct. App. 2018). “In support of its appeal, the State contends that the trial court erred in dismissing the forfeiture action because the dismissal was based on the trial court's improper retroactive application of R.C. 2981.05, the civil forfeiture statute.”
— Ohio Rev. Code § 2981.05(E) — 1 case
State v. Leet, 2021 Ohio 1334 (Ohio Ct. App. 2021). “” R.C. 2981.05(A). State v. Recinos, 5th Dist.”
— Ohio Rev. Code § 2981.05(F) — 6 cases
State v. White, 2024 Ohio 5916 (Ohio Ct. App. 2024). “2981.03(A)(2). The forfeiture of seized property may then be pursued by a prosecuting attorney “in a criminal proceeding under R.”
In re $593 US Currency Seized From Moore, 2017 Ohio 7330 (Ohio Ct. App. 2017). “Former R.C. 2981.05(A) states that “[t]he prosecutor of the political subdivision in which property * * * [sought to be forfeited] is located may commence a civil forfeiture action by filing in the court of common pleas * * * a complaint requesting an order that forfeits the…”
State v. Jimenez, 2023 Ohio 4317 (Ohio Ct. App. 2023). “The trial court found that to prevail in a civil forfeiture proceeding under R.C. 2981.05, which governs civil forfeiture proceedings brought by the state regarding proceeds derived from criminal activity, the state must prove by clear and convincing evidence: (a) That the…”
State v. Thomas, 2021 Ohio 151 (Ohio Ct. App. 2021). “1G2ZG57B19412299, in the commission of felony drug offenses in violation of R.C. 2981.05. Appellee published the complaint in the Toledo Blade newspaper on February 13 and 20, 2018.”
State v. Jimenez, 2025 Ohio 651 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2981.05(G) — 1 case
State v. Thomas, 2021 Ohio 151 (Ohio Ct. App. 2021). “1G2ZG57B19412299, in the commission of felony drug offenses in violation of R.C. 2981.05. Appellee published the complaint in the Toledo Blade newspaper on February 13 and 20, 2018.”
— Ohio Rev. Code § 2981.05(H) — 3 cases
State v. Housley, 2018 Ohio 4140 (Ohio Ct. App. 2018).
In re Forfeiture of Prop. of Astin, 2018 Ohio 1723 (Ohio Ct. App. 2018). “In support of its appeal, the State contends that the trial court erred in dismissing the forfeiture action because the dismissal was based on the trial court's improper retroactive application of R.C. 2981.05, the civil forfeiture statute.”
State v. Sancho, 2025 Ohio 4717 (Ohio Ct. App. 2025).
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