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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 2757
Experience:  30 years of experience
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Civil Asset Forfeiture : They are holding a car that I was

Customer Question

Civil Asset Forfeiture
JA: Real Estate issues can be tricky and expensive. The Lawyer will need to help you with this. Because laws vary from state to state, could you tell me what state is this in?
Customer: They are holding a car that I was arrested in but it's not in my name and has a lien on it
JA: Have you consulted a lawyer yet?
Customer: No
JA: Please give me a bit more information, so we can help you best.
Customer: Jus need to get a Lawyer to get her car back for her
JA: Is there anything else the Lawyer should be aware of?
Customer: No
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Customer: That it's my girlfriend mom car they are holding they r not responding with her
Submitted: 4 months ago.
Category: Legal
Expert:  Gerald, Esq replied 4 months ago.


Please give me a few minutes to look over your situation.

Thank you.

Kind regards,


Expert:  Gerald, Esq replied 4 months ago.


Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I am very sorry for your situation. I wish I could promise good news for you but I can't. I am very much afraid that you are going to be unhappy with the information that I have for you.

The problem is that the civil forfeiture process is almost completely onesided. The game is stacked against you and against your girlfriends mother. The civil forfeiture process is one of the most abusive procedure in the US today. Law enforcement only needs to show that the asset in question was used in drug trafficking. They don't even need to prove the underlying crime, and the standard of proof is much reduced.

Also the law does not protect "innocent owners." The fact that the actual owner was unaware is not necessarily going to help her get the car back. And the time frames on the process are so tight that if you do miss the filing deadline your're done.

What you have described is a typical practice on the part of law enforcement. They delay responding and refuse to assist hile the clock runs out.

You do not indicate what state you are in but it is vital for the owner of the vehicle to file a Petition with the Court to challenge the forfeiture before the vehicle is sold by law enforcement.

This link can help her find an attorney:

Please read this article for more information:

I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

I hope the information I have provided is useful to you and that I have earned a positive rating from you. It costs you nothing extra, and is the only way I get credit for my attempt to assist you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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