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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33559
Experience:  Began practicing law in 1992
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My atv was impounded for evidence by the sheriff's dept. as

Customer Question

My atv was impounded for evidence by the sheriff's dept. as my son borrowed it to people who were in an accident. I have recently found out that it was sold without being told. Is this is how it works. I contacted the sheriffs dept. several times and they said it was still being held for evidence.
Submitted: 11 months ago.
Category: Legal
Expert:  Dwayne B. replied 11 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

No, it shouldn't work that way.

Why was it impounded?

Customer: replied 11 months ago.
My son who i borrowed it to let a friend use it to drop someone off they were in an accident and the sheriff's dept. impounded it for evidence
Expert:  Dwayne B. replied 11 months ago.

It's unusual for them to impound an ATV in that situation.

However, they aren't supposed to put it up for auction if they 1) know who the owner is and 2) have not done a lawsuit to take ownership of the ATV (known as a forfeiture proceeding). As it stand this was "illegal" because it was a "taking without due process" which makes it unconstitutional.

You would need to visit with a local lawyer and let them contact the Sheriff's Office and see if they have insurance you can file on and if not then you will likely have to file a lawsuit.

However, there is no question that what they did was wrong.