What is Civil Recovery?

Photo of author
Written By LoydMartin

Lorem ipsum dolor sit amet consectetur pulvinar ligula augue quis venenatis. 

Civil Recovery or civil asset recovery refers to an order which may be issued in order to recover criminal proceeds from those responsible, similar to confiscation orders but with some distinctions. Kangs Solicitors is an established and civil recovery proceedings law firm with offices in London, Birmingham and Manchester. It specialises in civil law matters related to commercial litigation, insolvency proceedings, civil fraud claims recovery and asset recovery as well as civil rehabilitation freezing orders for property cryptocurrency disputes and Intellectual property disputes.

As with confiscation orders, this method may also be utilized alongside or alongside criminal proceedings; however, unlike confiscation orders it does not require conviction to start Civil Recovery proceedings and can still be initiated even without an imminent guilty verdict or any criminal charges whatsoever.

Orders do not restrict themselves solely to funds and possessions kept on UK soil; they can be utilized by anyone anywhere around the globe whose assets fall within its jurisdiction.

How does Civil Recovery work?

Civil Recovery orders can be obtained without criminal charges whatsoever; all that’s necessary for their issuance is for a court to acknowledge that assets in dispute could potentially represent proceeds of crimes.

Orders such as these typically involve incidents involving fraud, unproved wealth or organized criminality.

Civil Recovery involves seizing assets that could be liquidated or sold, making it essential for those possessing property, funds, or other assets which could fall under its jurisdiction to effectively defend their rights in order to keep these belongings.

Organised crime suspects might argue that any assets they are trying to recover were acquired legally, they had no knowledge they contained criminal proceeds, or any recovery would violate their legal rights.

The Benefits of Outsourcing Civil Recovery to Experts

Your in-house team can issue demand letters for civil rights cases before taking them to civil courts when necessary, or outsource this task to experts in recovery. Both approaches differ in many ways:

Expertise

Only a select few companies possess internal teams with the experience required to navigate civil recovery across all fifty states and the District of Columbia efficiently and smoothly. Highly-skilled civil recovery firms understand local laws so as to adhere to them with precision in every jurisdiction where their practice takes place.

Convenience

Resolving civil disputes can be time-consuming and stress-inducing; by outsourcing this task to experts, your staff can focus on other work more easily.

Investigation

Top civil third-party recovery services also offer invaluable investigation and security services – services which come in particularly useful when organized criminality is at play.

Advice

Firms specializing in civil recovery offer advice and expertise that is invaluable when making decisions on the best strategy for recovery, whether that means sending demand letters or going directly to court.

Reputation

Engaging a third-party recovery provider helps protect both you and your business from any possible negative retaliatory actions taken against those receiving demand letters or legal actions.

What to Do if You are Facing Civil Recovery?

If you are an individual or member of an organization seeking civil rights, seeking advice from legal professionals who specialize in The Proceeds of Crime Act would be your best course.

Cash Seizure

Authorities have the right to seize and forfeit cash found as the result of illegal activities or intended for such use, thus preventing anyone from profiting from them and using the funds for illegal purposes. Since 2002, authorities are allowed to confiscate amounts greater than PS1,000 as confiscated funds may come from illegal activity or be used illegally within the UK itself. Cash can also be taken from individuals entering or existing within UK borders in case their cash relates to an illicit act that will likely profit someone else or intends to be used illegally by someone involved with illegal activities who intends using funds illegally.

Money that has been taken typically remains stored for 48 hours unless ordered to remain longer by a court order. Cash usually remains in an account that charges an interest rate until all court proceedings have concluded and prosecution must demonstrate beyond reasonable doubt that funds were used illegally.

Cash Forfeiture

An alternative to cash seize is forfeiture, which is a civil court process in which money may be taken by force if evidence indicates it would likely be used fraudulently or unlawfully.