Seizure/Forfeiture Accounts
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Seizure/Forfeiture Accounts - the confiscation of property (client's "secured" motor vehicle) by Law Enforcement acting under color of law
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A motor vehicle taken is normally due to alleged involvement of that vehicle in some criminal activity
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Upon seizure, Law Enforcement is required to contact/notice all parties having a record lien interest in the motor vehicle
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If Law Enforcement intends to retain the seized property, it must initiate a forfeiture proceeding and formally serve every lien holder
Client must advise Counsel timely of seizure and provide:
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Documents of any kind received from and internal notes of all communications with law enforcement
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Complete Contract/Lease Agreement
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Credit Application of Buyer/Lessee
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Proof of Lienholder interest (i.e. Certificate of Title)
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Itemized financial record of account
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Special Affidavit (coordinated with Counsel)
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Legal fees are generally FIXED charges (plus court costs) Client responsible for related towing and recovery costs
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Counsel will communicate timely with law enforcement/intervene in any pending action
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Counsel will communicate regularly with client to coordinate recovery
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Client's recovery of vehicle will normally conclude the matter