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Can I get my car back after it was seized when my son was the one driving it and charged.

Commerce, GA |

I had loaned my son my car and he was arrested for possesion of meth. I need to know what I can do to get the car back when I cannot afford to hire an attorney. I have cancer and take care of my invalid mother. This is the only car I have and cannot get another.

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Attorney answers 2

Posted

In order for the police to retain your vehicle, they will have to initiate a forfeiture proceeding, which is essentially a civil proceeding similar to someone filing a lawsuit for various reasons against someone else. Because there are strict timelines and strict procedures that both sides have to follow in order to effectively and properly seize the vehicle/property or try to get it back, I strongly advise even if you can't afford to pay a lot, that you speak with an attorney, and try to see if they may be able to work with you. Good luck.

Posted

Mr. Rice is correct, and a civil forfeiture proceeding is a complicated process for both sides. If you have been served with a civil forfeiture action, you need to at least sit down with an attorney for a free consultation about your options. If they have not yet started this process, a good idea may be to call the investigator in his case and tell them your situation. They may be willing to release the car back to you once they know the situation. Try this first, then see an attorney.

The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP hmgrmg@yahoo.com 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

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