With no explanation, chose the best option from "A", "B", "C" or "D". of motion to set aside the entry of default judgment in civil forfeiture action). In such cases, a civil action is initiated when the government files its complaint. The failure of interested third parties to plead or defend in response to notice of the complaint brings the action within the scope of Rule 55 of the Federal Rules of Civil Procedure. By contrast, forfeiture under 21 U.S.C. 853 is initiated through a criminal indictment or information and, assuming the government meets its burden of proof, occurs when a defendant is convicted. In its response to the show-cause order, the government correctly argues that § 853(n) ancillary proceedings are civil in nature, although they arise in conjunction with criminal prosecutions. United States v. Douglas, 55 F.3d 584 (11th Cir.1995) (<HOLDING>). However, Rule 32.2(c)(1) provides that, “If,

A: holding that a party may recover attorneys fees under section 38001 only if the party prevails on a cause of action for which attorneys fees are available and recovers damages
B: holding that prevailing party to contract dispute may recover attorneys fees either pursuant to contract or pursuant to statute
C: holding that an ancillary forfeiture proceeding pursuant to 21 usc  853n is a civil action for the purpose of allowing a third party to recover attorneys fees
D: holding that attorneys fees are necessaries in a civil suit to recover money or property for the minor
C.