My 14 year old, multi million dollar business was seized by the State of Colorado in Sept, 2009 for short paying agreed upon State tax payments (past due) for each of the 3 months prior to the seizure (pristine payment history between 1995 & 2008). The Dept. of Rev. officer only showed me the warrant but refused to provide a copy. Should I have been given the opportunity of a hearing before seizure? I paid the full $32,000.00 5 days later and was given the property back but closed the doors 6 weeks later due to the financial hit of the lump sum payment and damage to reputation within the community & client base. At the exact moment of the seizure, a firm we hired to mitigate the short payment issue was speaking with the officers supervisor working out the details (unaware of the seizure).
When the seizure was taking place, we called the firm working with the State and found out that the firm was speaking to the Supervisor at that moment and said he was under the impression that there was an agreement underway but to no avail. Anyway... should there have been some kind of due process in this case and if so, is there some recourse to be considered this far down the road?
A process was followed to obtain the warrant. You would have to show that additional process was due. It is not clear from your description that there was any additional process due to you. In any event, after more than three years, time has run on your ability to redress any issues. Civil rights complaints have a 2 year clock.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
I agree with Mr. Harkess. The issue at this point is not due process, but the statute of limitations.
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