Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 6802 (2026)

Procedure with respect to seized property subject to liens and rights of lienholders (Repealed).

✓ current as of May 2026

Coverage note: this corpus holds the consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check palegis.us.

Find cases: SyfertCases citing this section PA-LEGpalegis.us JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

§ 6802. Procedure with respect to seized property subject to liens and rights of lienholders (Repealed).

2017 Repeal. Section 6802 was repealed June 29, 2017, P.L.247, No.13, effective July 1, 2017.

Notes of Decisions

Cited in 90 cases (1 in the last 5 years), 1989–2022 · leading case: Commonwealth v. 1997 Chevrolet & Contents Seized From Young, 160 A.3d 153 (Pa. 2017).

Sort: Relevance Newest Treatment

Commonwealth v. 1997 Chevrolet & Contents Seized From Young, 160 A.3d 153 (Pa. 2017). · cites it 6× “Further, the Commonwealth offers that the owner’s culpability is accounted for under the Forfeiture Act’s innocent owner defense, which, as discussed more fully below, exempts from forfeiture property which the property owner did not know was being used illegally, or did not…”

Commonwealth v. All That Certain Lot or Parcel of Land Located at 605 Univ. Drive, 104 A.3d 411 (Pa. 2014). · cites it 11× “42 Pa.C.S. § 6802. 6 *443 On April 15, 2011, the trial court granted the Commonwealth’s motion for summary judgment.”

Commonwealth v. Perez, 941 A.2d 778 (Pa. Commw. Ct. 2008). · cites it 12× “" Perez contends that: [t]he property was seized in Philadelphia County, not Berks County, so, under the Controlled Substances Forfeiture Act the Berks County Court of Common Pleas, as a matter of subject matter jurisdiction, had no jurisdiction under said Act to facilitate…”

Commonwealth v. One 1988 Ford Coupe Vin 1FABP41A9JF143651, 574 A.2d 631 (Pa. 1990). · cites it 10× “§ 6802(a)(5); (2) whether the trial court’s order pursuant to 42 Pa.C.S. § 6802 was illegal because it was based on information obtained through a search warrant which violated the Pennsylvania and United States Constitutions; (3) whether the criminologist who testified at his…”

Commonwealth v. 1997 Chevrolet, 106 A.3d 836 (Pa. Commw. Ct. 2014). · cites it 6× “42 Pa.C.S. § 6802(j). However, this statutory defense and the Eighth Amendment defense to a forfeiture are separate and distinct.”

Commonwealth v. McJett, 811 A.2d 104 (Pa. Commw. Ct. 2002). · cites it 5× “The Forfeiture Act permits the forfeiture of money exchanged for drugs or used or intended to be used to facilitate any violation of The Controlled Substance, Drug, Device and Cosmetic Act.”

Com. v. $301,360.00 U.S. Currency & One 2011 Lexus RX350, VIN 2T2BK1BA48C081250 Appeal of: C. Vasquez, 182 A.3d 1091 (Pa. Commw. Ct. 2018). · cites it 5× “While it may be true that under the Forfeiture Act, a mere claim of a right of possession (unless standing is challenged pretrial) is sufficient to trigger a hearing on a forfeiture petition, 42 Pa. C.S. § 6802(i), that does not also mean that the mere allegation in the filed…”

Commonwealth v. All that Certain Lot or Parcel of Land Located at 605 Univ. Drive, 61 A.3d 1048 (Pa. Commw. Ct. 2012). · cites it 7× “Section 6802 of the Forfeiture Act, 42 Pa.C.S. § 6802, sets forth a complete procedure regarding forfeiture, in-eluding what is in the forfeiture petition, the prayer for relief, notice, what has to be in the notice, who has to sign the notice, substitute notice, preservation of…”

Brown v. Commonwealth of Pennsylvania, 940 A.2d 610 (Pa. Commw. Ct. 2008). · cites it 12× “42 Pa.C.S. § 6802(b) (“A copy of the petition .”

Commonwealth v. $2,523.48 U.S. Currency, 649 A.2d 658 (Pa. 1994). · cites it 5× “This is consistent with the holding in Gordon Street and with the language of 42 Pa.C.S. § 6802(j). The next issue we must address is whether the Commonwealth Court erred in refusing to remand this matter to the trial court for a new evidentiary hearing.”

Commonwealth v. Neighbor's First Fed. Credit Union Check in the Amount of $76,389.27 $1,659.00 U.S. Currency, 134 A.3d 149 (Pa. Commw. Ct. 2016). · cites it 6× “It so found that 42 Pa.C.S. § 6802(b) creates a procedure for default specific to forfeiture actions and does not require the Commonwealth to file any procedural prerequisites before the court is authorized to enter default judgment.”

Commonwealth v. 502-504 Gordon Street, 607 A.2d 839 (Pa. Commw. Ct. 1992). · cites it 4× “On May 12, 1989, the Commonwealth filed its petition for forfeiture with the trial court pursuant to 42 Pa.C.S. § 6802. At hearings before the trial court, the Commonwealth presented the testimony of twenty-four police officers who described seventeen specific violations of the…”

Show all 90 citing cases →

— 42 Pa. Cons. Stat. § 6802(a) — 23 cases

Commonwealth v. All That Certain Lot or Parcel of Land Located at 605 Univ. Drive, 104 A.3d 411 (Pa. 2014). “42 Pa.C.S. § 6802. 6 *443 On April 15, 2011, the trial court granted the Commonwealth’s motion for summary judgment.”

Commonwealth v. Perez, 941 A.2d 778 (Pa. Commw. Ct. 2008). “" Perez contends that: [t]he property was seized in Philadelphia County, not Berks County, so, under the Controlled Substances Forfeiture Act the Berks County Court of Common Pleas, as a matter of subject matter jurisdiction, had no jurisdiction under said Act to facilitate…”

Commonwealth v. One 1988 Ford Coupe Vin 1FABP41A9JF143651, 574 A.2d 631 (Pa. 1990). “§ 6802(a)(5); (2) whether the trial court’s order pursuant to 42 Pa.C.S. § 6802 was illegal because it was based on information obtained through a search warrant which violated the Pennsylvania and United States Constitutions; (3) whether the criminologist who testified at his…”

Commonwealth v. $6,425.00 Seized from Esquilin, 880 A.2d 523 (Pa. 2005).

Commonwealth v. Wingait Farms, 690 A.2d 222 (Pa. 1997).

— 42 Pa. Cons. Stat. § 6802(a)(3) — 1 case

Commonwealth v. 229.765 Acres of Land, 2 Pa. D. & C.4th 548 (1989).

— 42 Pa. Cons. Stat. § 6802(a)(5) — 1 case

— 42 Pa. Cons. Stat. § 6802(b) — 16 cases

Commonwealth v. Neighbor's First Fed. Credit Union Check in the Amount of $76,389.27 $1,659.00 U.S. Currency, 134 A.3d 149 (Pa. Commw. Ct. 2016). “It so found that 42 Pa.C.S. § 6802(b) creates a procedure for default specific to forfeiture actions and does not require the Commonwealth to file any procedural prerequisites before the court is authorized to enter default judgment.”

Brown v. Commonwealth of Pennsylvania, 940 A.2d 610 (Pa. Commw. Ct. 2008). “42 Pa.C.S. § 6802(b) (“A copy of the petition .”

Commonwealth v. One 1991 Cadillac Seville, 853 A.2d 1093 (Pa. Commw. Ct. 2004).

Est. of Tyler ex rel. Floyd v. Grossman, 108 F. Supp. 3d 279 (E.D. Pa. 2015).

— 42 Pa. Cons. Stat. § 6802(c) — 1 case

Commonwealth v. Real Prop. & Improvements at 2338 N. Beechwood Street, 65 A.3d 1055 (Pa. Commw. Ct. 2013).

— 42 Pa. Cons. Stat. § 6802(e) — 1 case

Commonwealth v. Real Prop. & Improvements at 2338 N. Beechwood Street, 65 A.3d 1055 (Pa. Commw. Ct. 2013).

— 42 Pa. Cons. Stat. § 6802(f) — 1 case

Commonwealth v. Wingait Farms, 690 A.2d 222 (Pa. 1997).

— 42 Pa. Cons. Stat. § 6802(f)(2)(i) — 1 case

— 42 Pa. Cons. Stat. § 6802(i) — 5 cases

Commonwealth v. All that Certain Lot or Parcel of Land Located at 605 Univ. Drive, 61 A.3d 1048 (Pa. Commw. Ct. 2012). “Section 6802 of the Forfeiture Act, 42 Pa.C.S. § 6802, sets forth a complete procedure regarding forfeiture, in-eluding what is in the forfeiture petition, the prayer for relief, notice, what has to be in the notice, who has to sign the notice, substitute notice, preservation of…”

Com. v. $301,360.00 U.S. Currency & One 2011 Lexus RX350, VIN 2T2BK1BA48C081250 Appeal of: C. Vasquez, 182 A.3d 1091 (Pa. Commw. Ct. 2018). “While it may be true that under the Forfeiture Act, a mere claim of a right of possession (unless standing is challenged pretrial) is sufficient to trigger a hearing on a forfeiture petition, 42 Pa. C.S. § 6802(i), that does not also mean that the mere allegation in the filed…”

Brown v. Commonwealth of Pennsylvania, 940 A.2d 610 (Pa. Commw. Ct. 2008). “42 Pa.C.S. § 6802(b) (“A copy of the petition .”

— 42 Pa. Cons. Stat. § 6802(j) — 59 cases

Commonwealth v. 1997 Chevrolet & Contents Seized From Young, 160 A.3d 153 (Pa. 2017). “Further, the Commonwealth offers that the owner’s culpability is accounted for under the Forfeiture Act’s innocent owner defense, which, as discussed more fully below, exempts from forfeiture property which the property owner did not know was being used illegally, or did not…”

Commonwealth v. McJett, 811 A.2d 104 (Pa. Commw. Ct. 2002). “The Forfeiture Act permits the forfeiture of money exchanged for drugs or used or intended to be used to facilitate any violation of The Controlled Substance, Drug, Device and Cosmetic Act.”

Commonwealth v. 1997 Chevrolet, 106 A.3d 836 (Pa. Commw. Ct. 2014). “42 Pa.C.S. § 6802(j). However, this statutory defense and the Eighth Amendment defense to a forfeiture are separate and distinct.”

Com. v. $34,440.00 U.S. Currency Appeal of: R. Falette, 138 A.3d 102 (Pa. Commw. Ct. 2016).

— 42 Pa. Cons. Stat. § 6802(j)(1) — 3 cases

Brown v. Commonwealth of Pennsylvania, 940 A.2d 610 (Pa. Commw. Ct. 2008). “42 Pa.C.S. § 6802(b) (“A copy of the petition .”

Com. v. $51,406.66 U.S. Currency (Pa. Commw. Ct. 2016).

Com. of PA v. 2012 Mazda 323 Sedan ~ Appeal of: I. Swiatek (Pa. Commw. Ct. 2020).

— 42 Pa. Cons. Stat. § 6802(j)(2) — 2 cases

Commonwealth v. $34,440.00 US Cur. Apl of Falette (Pa. 2017).

Com. of PA v. 2012 Mazda 323 Sedan ~ Appeal of: I. Swiatek (Pa. Commw. Ct. 2020).

— 42 Pa. Cons. Stat. § 6802(j)(3) — 13 cases

Commonwealth v. $2,523.48 U.S. Currency, 649 A.2d 658 (Pa. 1994). “This is consistent with the holding in Gordon Street and with the language of 42 Pa.C.S. § 6802(j). The next issue we must address is whether the Commonwealth Court erred in refusing to remand this matter to the trial court for a new evidentiary hearing.”

Commonwealth v. 648 West Mayfield Street, 819 A.2d 1226 (Pa. Commw. Ct. 2003).

Commonwealth v. 502-504 Gordon Street, 607 A.2d 839 (Pa. Commw. Ct. 1992). “On May 12, 1989, the Commonwealth filed its petition for forfeiture with the trial court pursuant to 42 Pa.C.S. § 6802. At hearings before the trial court, the Commonwealth presented the testimony of twenty-four police officers who described seventeen specific violations of the…”

In Re King Props., 602 A.2d 486 (Pa. Commw. Ct. 1992).

— 42 Pa. Cons. Stat. § 6802(j)(l) — 3 cases

Brown v. Commonwealth of Pennsylvania, 940 A.2d 610 (Pa. Commw. Ct. 2008). “42 Pa.C.S. § 6802(b) (“A copy of the petition .”

Commonwealth v. $1,580 Cash, 6 Pa. D. & C.4th 35 (1990).

Commonwealth v. 2121 Rickert Road, 10 Pa. D. & C.4th 254 (1991).

— 42 Pa. Cons. Stat. § 6802(k) — 2 cases

Brown v. Commonwealth of Pennsylvania, 940 A.2d 610 (Pa. Commw. Ct. 2008). “42 Pa.C.S. § 6802(b) (“A copy of the petition .”

Com. v. $997.00 ex rel C. Woodard (Pa. Commw. Ct. 2017).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.