Thanks...and welcome to the world of asset forfeiture. Recent laws allow states and the federal government to seize property and sell it. Here is the TX law on this
If the state can show that this car was "used in the commission of a felony" they can take it. Period.
Its a tough law...and the hearing is a civil hearing...so the standard of proof is MUCH lower than at a criminal trial
. And if he had the car with your permission, they can take it and sell it even though your the owner.
Sorry to bear bad news.
Now, you have some rights. From the same statute
Art. 59.04. NOTIFICATION OF FORFEITURE PROCEEDING. (a) If a peace officer seizes property under this chapter, the attorney representing the state shall commence proceedings under this section not later than the 30th day after the date of the seizure.
SO they have to give you notice...if the rig is worth quite a bit money, you may want to hire a local attorney who can defend this and, hopefully, save your car.
Again, sorry to have to bear bad news
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