The government has taken property from me. My attorney filed the proper paperwork on the forfeiture yet my property was sold

Asked 10 months ago - Douglasville, GA

My husband was taken to jail for drugs and the government put liens on my houses and physically took my vehicles. They sold my vehicles before my attorney met with them to negotiate. Is this proper procedure?

Attorney answers (4)

  1. Lindsey Jordan Share

    Contributor Level 9

    1

    Lawyer agrees

    Answered . There are not enough details to answer your question.
    For a forfeiture action, the defendant (or his attorney) has a certain amount of time to respond to the action. If there is not a timely response, then selling the property would be ok.
    If your attorney's response was timely, then you should talk with your attorney as to why they sold the property. It is possible it was still ok, depending on what your lawyer contested and what conversations he had with the State.

  2. Troy Windel Marsh Jr.

    Contributor Level 14

    1

    Lawyer agrees

    Answered . That is a question you should ask your lawyer, as he/she would be in the best position to answer it. We do not have enough information.

    Answers to questions on this web site are for informational purposes only and do not constitute legal advice.... more
  3. John Arnold Steakley

    Contributor Level 18

    Answered . How long did you wait before hiring an attorney?

  4. Joshua Sabert Lowther

    Pro

    Contributor Level 17

    Answered . The rules for litigating asset forfeiture matters in both federal and GA state courts are strict and time-sensitive. If your attorney filed the claims properly, the property could not have been forfeited without a hearing or your consent. If the claims were not filed properly (and timely), you may have a means of recovery if you can demonstrate that you would have been otherwise successful on the merits of your claim. - Joshua Sabert Lowther, Esq., National Federal Defense Group.

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