My question involves search and seizure law in the State of: CA I cosigned on a car that was seized in Sacramento County CA. The cosigner was arrested and the car was taken. How can I get the car back? I still owe on the car?
How Do I Get Assets Back from Seizure
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07-31-2009, 07:08 PMlilianHow Do I Get Assets Back from Seizure
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07-31-2009, 07:23 PMjkRe: How Do I Get Assets Back from Seizure
you may not be able to get the car back. Do you know why it was seized?
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07-31-2009, 07:40 PMlilianRe: How Do I Get Assets Back from Seizure
when I went to the sheriff tow office they said asset seizure and gave me a phone number which of course no one answered and voice mail box was full as if i'd get a call back anyway
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08-01-2009, 07:44 AMjkRe: How Do I Get Assets Back from Seizure
is your name on the title at all?
If not, you are SOL. You would need to sue your friend for the money.
If it is, you might have a chance of claiming to being an uninvolved injured party. With the wealth of info you have provided, I cannot really give you much more since I have no idea about the reason for the seizure at all. -
08-01-2009, 07:52 AMBORRe: How Do I Get Assets Back from SeizureQuote:
Quoting lilian
In my state, there used to be, but I think it was abrogated, a section of law titled the Innocent owner exception.
This means if your car was seized by the govt. under the forfieture laws and you were totally unaware of what took place, say you loaned your car to a neighbor/friend you trusted, and they were caught selling drugs out of it, you could file such Petion/Motion with the court to see if your car could be released.
You need to sift through CA's forfeiture laws to see if there is any loophole that will help you, and or consult an attorney.
But, as jk asked, is your name on the title/co owner? -
08-01-2009, 09:11 AMlilianRe: How Do I Get Assets Back from Seizure
Yes, my name is on the title above his. The registration comes to my address. There were drugs found at the address where they took the car from. The Narcotics Bureau or something like that is the number I was given where no one answered and had a full voice mailbox. And there are probably storage fees accruing, I would guess.
Am I going to have to end up having to go to court to try to get this car back? -
08-01-2009, 11:33 AMBORRe: How Do I Get Assets Back from SeizureHere is a case which has some innocent owner laws in it. I also will link the Health and Safey Code it cites. It is a lot of reading.Quote:
Quoting lilian
case law
http://www.leginfo.ca.gov/cgi-bin/di...le=11469-11495 -
08-01-2009, 03:29 PMcdwjavaRe: How Do I Get Assets Back from Seizure
What KIND of "asset seizure"?
Was it as a result of a judgment? Criminal activity? What? That may effect your options.
It might be worth your time to ask for a consultation with an attorney to see if there is an avenue you can pursue to get a hearing regarding the car or appeal its seizure.
- Carl -
08-01-2009, 04:08 PMjkRe: How Do I Get Assets Back from SeizureQuote:
Quoting cdwjava
I asked the same thing Carl. OP did state car was:
Don't know if that is enough for ya but figured you might have missed it based on the question.:)Quote:
There were drugs found at the address where they took the car from. The Narcotics Bureau or something like that is the number I was given where no one answered and had a full voice mailbox.
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08-01-2009, 05:26 PMcdwjavaRe: How Do I Get Assets Back from Seizure
Yeah, guess I missed it. I had to blow out the door about the time I was replying, so I hit it quick.
I have not dealt with too many asset forfeiture issues so it is not something I have a great deal of experience in, but if this is a state or local seizure, the laws make it much harder to seize than if it were a federal seizure.
- Carl -
08-02-2009, 09:17 AMlilianRe: How Do I Get Assets Back from Seizure
There was a warrant dated 4 days prior to them going to the house. I believe it was sheriff's department that went to the house. It was a 5 year loan on the car and had a year and a half left to pay on it. He was working when I cosigned on the loan. I work. If I can get it back, will there be storage fees to pay still? From what I've read unless I don't understand, I think they have to notify me by mail of the forfeiture? and a court date? I don't know. If I can't get it back, and let it go to collections, besides screwing up my perfect credit, will the credit union be able to attach my wages or take money from my account?
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08-02-2009, 09:24 AMjkRe: How Do I Get Assets Back from Seizureyes. As long as the seizure is legal, there is no reason the storage company should not be paid for their services.Quote:
If I can get it back, will there be storage fees to pay still?
that is state specific. Carl is from California. Maybe he can enlighten us on those specific issues.Quote:
From what I've read unless I don't understand, I think they have to notify me by mail of the forfeiture? and a court date?
you are liable for the money. There is no reason they cannot seek any remedy available to them to collect the money just because the vehicle was seized under drug forfeiture laws.Quote:
If I can't get it back, and let it go to collections, besides screwing up my perfect credit, will the credit union be able to attach my wages or take money from my account?
In other words; if they could take it from your account if the loan simply was not paid, they can do it now. If nothing else, they can sue for the money, both him and you, or even separately. -
08-02-2009, 09:41 AMMr. KnowitallRe: How Do I Get Assets Back from Seizure
Are you now confirming that they're seeking forfeiture, or are you just asking?
Forfeiture against a car with an outstanding loan often makes little sense, due to the fact that the amount owed on a car loan often meets or exceeds the value of the car. -
08-02-2009, 09:59 AMlilianRe: How Do I Get Assets Back from Seizure
maybe I'm confused isn't that part of the process? they take it and sell it right? so would that mean I'm forfeitng the car if I can't get it back?
The car was taken 5 days ago. I'm not late on any payments, just trying to check out the options and consequences. -
08-08-2009, 02:03 PMlilianRe: How Do I Get Assets Back from Seizure
FYI- the day after I went to superior court clerks office and got the paperwork I needed to file regarding contesting of seizure/forfeiture, the sheriff dept called the credit union and I was able to pick up the car free of charge. No storage or towing fees. What's up with that?
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08-08-2009, 02:09 PMcdwjavaRe: How Do I Get Assets Back from SeizureI'd say they realized they could not seize it, or the DA/court rejected their claim.Quote:
Quoting lilian
- Carl