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Seizure/Forfeiture Accounts

  • Seizure/Forfeiture Accounts - the confiscation of property (client's "secured" motor vehicle) by Law Enforcement acting under color of law

  • A motor vehicle taken is normally due to alleged involvement of that vehicle in some criminal activity

  • Upon seizure, Law Enforcement is required to contact/notice all parties having a record lien interest in the motor vehicle

  • 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:

  • Documents of any kind received from and internal notes of all communications with law enforcement

  • Complete Contract/Lease Agreement

  • Credit Application of Buyer/Lessee

  • Proof of Lienholder interest (i.e. Certificate of Title)

  • Itemized financial record of account

  • Special Affidavit (coordinated with Counsel)

  • Legal fees are generally FIXED charges (plus court costs) Client responsible for related towing and recovery costs

  • Counsel will communicate timely with law enforcement/intervene in any pending action

  • Counsel will communicate regularly with client to coordinate recovery

  • Client's recovery of vehicle will normally conclude the matter

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