Car Seized Illegally - How Do I SEIZE IT BACK???

[Wrongfully]

I had my car seized in an extremely fucked up way about 2 months ago and now I want to know how I go about getting it back. I posted the story here.

Here is a quote about the asset seizure. Basically the tax collector took advantage of my father, the car was in his name, being naive of the legal system and deceiptfulness of police tactics and lied to him, scaring into doing what he believed to be his best and only option based on what the officers told him. They told him I was selling drugs, in very serious trouble, facing prison time, and owed over $100,000 in taxes. If he signed the car over to them, they would use the money towards my taxes, if not, they would simply seize it anyway and I would get nothing for it. Well, this was COMPLETE BULLSHIT AND UNTRUE. Here are the details:

Finally, after 7 hours, no attorney, and bullshit threats, the tax collector arrived and told me that whatever I told him was a civil case and would not affect criminal charges despite the fact there are 20 agents tearing my place apart. I’m sure they wouldn’t listen though. Then I was getting pissed because I don’t know who the hell this guy is or if he a tax collector or narcotics investigator and told him again I wasn’t going to talk to anyone until I spoke with my attorney.

Then the tax man got out a calculator and in literally 5 min, punched some numbers in and told me I owed $88,453 in taxes…and that it was due NOW! He told me I had to give them my car and other items of value that could be used to pay off the debt. At this point, I was pissed as hell and told him there was no way in hell I would make that kind of decision without consulting my attorney I asked for 8 hours ago. They said they would leave my car but if I moved it I would be arrested again and that if I didn’t pay the $88k within 48hrs it would increase by 50%. I was so pissed at all these bullshit scare tactics so I told them fine, I don’t care, and I’m not giving you anything now.

Now this is what really pisses me off. The car is registered in my Dad’s name because I got it about 5 years ago and paid it off 3 years ago. It was still in his name for insurance purposes. Once they find that out, they call my Dad at 11:30 at night and tell him his son is running a drug cartel, looking at time, and owes over $88k but if he signs the car over to them they will use it against my taxes otherwise it will be confiscated by the police dept. Of course my Dad wasn’t ready for that call and did the best thing he felt he could – sign over the car. I couldn’t talk to him because I was in jail for 48hrs during which I could not see any visitors.

I finally post bond and return to find my apt completely empty – computers, TVs, furniture, barstools, patio furniture, my headboard, watches, jewelry, everything was gone.

How the hell can they legally take all my possessions without even letting me speak with my attorney and before I have even been proven guilty?

NOW, how the hell do I go about getting my Dad's car back? Does he have to file a lawsuit against the police department? Its civil so most criminal attorneys do not handle the matter. I wish they would - it would be much easier to afford them if I were to get my car back and be able to sell it. Its worth about $20k and the legal process is not cheap.

RC, Citricide, other legal bros.....can someone point me in the right direction to get started on getting my ride back?

I promise to put a pic up of me smiling big beside my car if I can get it back

 

[beanball]

without knowing whether it's federal or state, and what jurisdiction you're in and some more relevant details it's hard to say. most of the details you provided were with respect to the actual encounter with the law enforcement officials rather than the legal background on what led to the seizure. My non-legal advice would be to look up a qualified atty in your jurisdiction that has experience dealing with seizures. I don't get the impression you've done that. I'm not sure advice on here will do much for you even if it's right on point, in that you're gunna have to retain someone to file for you in either event . . .

 

[Wrongfully]

Believe me bro, I've done my homework and have the best attorneys I can have. Now its just a matter of deciding which one can best represent me right now. The charges are state, not federal, and if you go back and check out the original thread, I explain it in greater detail. I think that will explaing things better.

Trust me, I know the value of a good attorney. They are priceless. When it comes down to the courtroom, the DA is going to use every resource available to convict your ass guilty or not. Its not about right and wrong, good and bad, or any of that theoretical bullshit. Its an adversarial system where the prosecution does everything to convict and its up to you to use all your available resources to defend your ass. The first thing you do is keep your mouth shut. The only time you open it shoud be to get in touch with the best attorney available to you.

 

[ROID WARRIOR]

It appear as though you have no recourse. If I understand correctly, the vehicle title and registration was in your father's name. Your father would have to be the one bringing the action. In actuality, the case is not one of asset forfeiture; your father voluntarily relinquished title to the IRS CID to satisfy part of what was alleged to have been your debt. As I understand it, predicated upon the foregoing, the People have not filed an in rem proceeding to obtain title to the vehicle; they didn't need to.

Perhaps your father has an action under a tort theory of fraud. The sad fact of the matter is that after the case is litigated, it will most likely cost the value of the vehicle in legal fees, unless the tax collector offers some settlement.

Best of luck.

RW