Was my right to Due Process violated?

Asked almost 2 years ago - Littleton, CO

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).

Additional information

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?

Attorney answers (2)

  1. Stephen Clark Harkess

    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  2. Michael T Millar


    Contributor Level 19

    Answered . I agree with Mr. Harkess. The issue at this point is not due process, but the statute of limitations.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more

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