Kirk Adams : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for using JA!
Kirk Adams : I've got a few questiona:
Kirk Adams : 1) Who seized the car - a creitor or someone else?
Kirk Adams : 2) What state is this in?
Customer: Police supposedly seized the vehicle. I was supposed to also get a pink slip from my understanding "I did not receive that" talk to the officer that supposedly got the car seized and he said that I would be getting something within 10 days in the mail "which I never received that neither" went down to the DAs office to see they had any reports on it or any information on it "nothing is there better yet they don't even have a clue what am I referring to. This is in Louisiana
Kirk Adams : sorry - I had to step away for a moment.
Customer: Oh ok thought I had lost you
Kirk Adams : One more question - was the seizure due to a criminal charge or something else?
Customer: Yes crimnal charge 11 g of marijuana (that wasn't for me) but of course here that all the time so
Kirk Adams : So you're talking about a forfeiture - - not a repossession.
Kirk Adams : Forfeiture law is different that a repossession. With a forteiture action, it's really up to the DA whether he will sell the vehicle or allow the owner to recover it. Here's a good link that outlines the law: http://web01.dps.louisiana.gov/omv1.nsf/58c968bd569b099986256cdc000806eb/1a265fe717480a8a862564cf00484b2b?OpenDocument
Customer: Umm actually I don't know if it even has been forfeited! All I know the last time that I talk to them it will supposedly be under investigation but I can't see how because the courts don't even know about this is what I'm saying. Not even my charges. Wouldn't the court know about this?
Customer: Can't open the document for some odd reason
Kirk Adams : Absolutely - - the court should know what is going on because if the vehicle was seized, it would have had to be done with court authority.
Kirk Adams : Also, if a forteiture has been filed, it would be in the court records as well.
Customer: I mean I know I'm not I have a lawyer or anything like that but I know for sure if it was seized then that the court would know something by now I mean it's going on three months and still I haven't received any kind of paperwork it's almost like they took the car and that's it I mean I don't know.
Kirk Adams : Here's that link again: http://web01.dps.louisiana.gov/omv1.nsf/58c968bd569b099986256cdc000806eb/1a265fe717480a8a862564cf00484b2b?OpenDocument
Kirk Adams : It's possible that the court doesn't know if someone hasn't been charged with a crime, but the vehicle should be accounted for by the local law enforcement - sheriff or police.
Kirk Adams : If the vehicle is being held as evidence, that should be something you can find out.
Customer: So if it's being held for evidence do you get back after they finish with evidence? Or??
Kirk Adams : Generally, yes. You would get your vehicle back after the case concludes