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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Without any legal notice or any notice whatsoever, the City

Customer Question

Without any legal notice or any notice whatsoever, the City of Chicago removed several trucks that I owned from my property. I called the police to report this theft and was told that it was being done on the orders of Alderman James Balcer of the 11th Ward, Chicago, Illinois. The trucks were taken away and after approximately 40 days, I have had no notice regarding where my property was taken or the reason for their removal. Again, I received absolutely no notice at any time about any potential violation of a city ordinance regarding the trucks which have been on my property for a number of years. I operate a trucking business and these particular trucks, that were taken, were used occasionally. Would this not be a violation of lack of due process, trepass and criminal theft? The fact that I also called the police and after having a discussion with a supervisor, they let the theft continue. Would this also be a violation of police protection? The fact that this could occur at all in America is distrubing enough, what remedies will end this type of action on the part of Chicago elected officials, Chicago as a muncipality and the Chicago police force?
Submitted: 6 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 6 years ago.

Hi, and Welcome to JustAnswer,

 

My name is XXXXX XXXXX I am a licensed, practicing attorney and will help with your question

__________________________________________________________

 

The fact that your trucks were taken without any notice of any violation is a denia of due process which is prohitited by the Fourteenth Amendment of the United States Constitution. Even if there were a violation of any kind, your trucks could not be taken away without a hearing in which you would have the opportunity to be heard. That is what the definition of due prcocess is - That a citizen's property cannot be confiscated by the government, or government agency without notice and hearing.

 

Your recourse is to sue the City and the agency which took the trucks from your property. You would sue in Federal Court as this presents a Constitutional issue and a violation of your property rights.

 

It is not a violation of police protection because they have no authority which would be superior to that of the City or the agency which ordered the confiscation of your property

 

 

 

BONUS is always appreciated

That is the only way I get paid

 

 

Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

Don't forget to leave positive feedback!

 

 

Customer: replied 6 years ago.

Andrea: Did you get the second part of my situation regarding my remedies and possible contingency?

 

Thanks, Ray

Expert:  Andrea, Esq. replied 6 years ago.

Yes, I just saw it. You had asked that question in another window. Stay in this window so that you do not have to pay twice. I will place your Answer below.

Expert:  Andrea, Esq. replied 6 years ago.

You would be suing for a violation of your rights under the Fourteenth Amendment of the United States Constitution. The monetaty amount would have to be determined by the attorney after they looked at all the facts and had the complete pitcute, but the amount would be substantial.

 

You could ask that the attorney take your case on a contingency fee arrangement. Call the Bar Associations of your State and County and ask for their "Lawyer Referral Service"; Consultations are free. Tell them what your problem is, and ask for the names of attorneys who take these cases on a contingency fee basis, speak to a few attorneys, ask questions and then select the one with whom you feel the most comfortable.

 

 

 

BONUS is always appreciated

That is the only way I get paid

 

 

Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

Don't forget to leave positive feedback!

 

 

Andrea, Esq. and 3 other Legal Specialists are ready to help you
Expert:  Andrea, Esq. replied 6 years ago.

Thank you for accepting my Answer, and for the Bonus you gave me. I appreciate it greatly. But, what I appreciate the most is the confidence you placed in me in allowing me to help you.

 

 

If you have a question in the future, please feel free to ask for me by typing my name at the beginning of your question, , like this:

 

 

"Andrea, I would like to know.........." And the question will be directed to me.

 

 

 

 

I wish you and your family very happy and safe holidays and Holy Days,

 

 

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR