What to Do When Your Property Has Been Seized

What to Do When Your Property Has Been Seized

Having your property seized can be a scary and frustrating experience. But don’t panic! There are steps you can take to get your property back or receive compensation. This article will walk you through what to do if the police, IRS, or other government agency has seized your stuff.

Verify the Seizure is Legal

First things first – make sure the seizure is totally legal. There are strict rules law enforcement has to follow. Don’t assume they did! Ask to see the warrant and make sure it has your correct name/address on it. Check the date too – some warrants expire after 10 days.

If they don’t have a warrant, the seizure could be illegal. Politely ask on what grounds they’re taking your property. They need “probable cause” for most seizures. If they lack probable cause, the seizure may violate your Constitutional rights.

Identify What Was Seized

Next, figure out exactly what items were seized. Make a detailed list, including serial/model numbers, brand names, distinguishing features, etc. Take photos of any damage too. This documentation will help prove the items are yours and determine their value.

Also note when the items were taken. Timing matters for deadlines to challenge the seizure. Write it on your calendar so you don’t lose track.

Consult a Lawyer

Now it’s time to call a lawyer. Most lawyers offer free consultations, so take advantage! Explain what happened and ask if they think the seizure was legal. A lawyer can advise you on the best way to get your stuff back.

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Some options they may discuss:

• Filing a motion for return of property
• Sending a demand letter
• Negotiating with the agency
• Going to court

Having an attorney deal with the agency is usually more effective than trying to navigate it yourself. Plus they know all the complicated laws and deadlines. It’s worth the money to hire one.

Send a Demand Letter

At your lawyer’s suggestion, send a formal demand letter to the agency. Outline the facts and explain why you believe the seizure was illegal. Politely demand they return your property immediately.

Give them a reasonable deadline to respond, like 2 weeks. This puts them on notice that you won’t let them keep your stuff without a fight! It also starts a paper trail if you do end up in court.

File a Motion for Return of Property

If the agency denies your demand letter, your attorney can file a motion in court requesting the immediate return of your seized belongings. The motion should lay out all the reasons the seizure violated your rights and was unlawful.

The judge may order a hearing to listen to arguments from both sides. Bring documentation supporting your claims. If the judge agrees the seizure was improper, they can order the agency to give back your property pronto.

Request an Extension of Time

If you need more time to challenge the seizure, ask the agency for an extension. For example, the IRS has a 10 day deadline to send a notice of seizure. But you can request up to 40 additional days to submit supporting documentation.

Extensions give you more time to consult with your lawyer and get your ducks in a row. Most agencies will grant reasonable requests. Just be sure to ask before the initial deadline passes.

Negotiate a Settlement

Your attorney may be able to negotiate a settlement with the agency, especially if there are weaknesses in their case. Typical agreements allow you to buy back seized property or receive monetary compensation.

Settlements avoid long court battles and allow both sides to walk away with something. You may not get 100% of your stuff back, but compromising might make the most sense. Your lawyer can advise if it’s a good option.

Sue for Damages

If negotiations fail, you may need to sue to get compensation for your seized belongings. Your lawyer can help build a strong case demonstrating the seizure was illegal and harmed you financially.

If you win, the court may order the agency to pay damages for things like:

• Value of seized property
• Loss of income
• Attorney fees
• Emotional distress

Lawsuits are time-consuming, but might be your only recourse if the agency refuses to settle. Your lawyer can evaluate if you have a viable claim.

Request a Hearing

For IRS seizures, you can request a Collection Due Process hearing within 30 days. Explain why the levy should be reversed and negotiate alternatives like payment plans.

Bring documents supporting your case, like proof of payments made or financial hardship. If the hearing goes your way, the IRS may return your property and withdraw the levy.

Claim Exemptions

Some seized property may be exempt from collection, like Social Security benefits or primary vehicles. Ask your lawyer which exemptions could protect your belongings.

File an exemption form detailing which items are exempt and why. Provide supporting evidence like car registrations and benefit letters. The agency should return exempt property promptly.

Purchase an Insurance Bond

For IRS seizures, you can buy an insurance bond to have your property returned while challenging the levy. The bond guarantees payment of taxes if you lose. This avoids losing property before getting your day in court.

Bonds can be expensive though. Discuss with your lawyer if it’s worth the cost for your situation. It may make sense for valuable property or businesses.

Request Return of Perishable Goods

If they seized perishable items like food or medicine, send a written request for their immediate return. Explain that the property could spoil or expire while tied up in the legal process. The agency should release perishable goods ASAP.

Petition for Remission

For seizures related to criminal cases, you can petition the seizing agency for remission or mitigation of forfeiture. This asks them to return your property or reduce forfeiture.

Stress you had no knowledge of or involvement in the criminal activity. Send supporting evidence of your innocence and lawful ownership. The agency may grant relief if you had no fault.

Comply with the Court Process

If the agency pursues civil forfeiture, make sure to respond to all notices and deadlines. Missing a court date could result in losing your property by default. Your lawyer can walk you through the procedures.

Showing up and making your case is critical. The court may dismiss weak forfeiture claims if you challenge them properly. Don’t ignore the court process.

Explore Alternatives

If it seems unlikely you’ll get your property back, ask your lawyer about alternatives. For tax seizures, you may be able to substitute other assets, enter into a payment plan, or offer to settle your tax debt for less than the full amount.

There may be options to resolve the situation without completely losing your seized items. Don’t give up hope!

Avoid Future Seizures

The ordeal of having property seized can motivate you to avoid it happening again. For tax seizures, get caught up on your debt and stick to payment plans. Maintain detailed records so you can dispute any improper levies.

For criminal cases, prevent seizures by ensuring no illegal activity happens on your property. Conduct thorough background checks on renters and users of your space. Report any suspicious behavior promptly.

Learning from the experience can help protect your assets in the future. Your lawyer can give tailored advice for keeping on the right side of the law.

Don’t Forget About Deadlines

Finally, pay attention to all deadlines related to getting your property back! Deadlines to submit petitions, file claims, request hearings, etc. run out quickly. Missing one could ruin your chances.

Mark your calendar and set reminders. Ask your lawyer to alert you as deadlines approach. Stay vigilant so you don’t lose out due to tardiness.

Having property seized can be extremely stressful. But following the right legal steps can help get your belongings returned or obtain just compensation. Don’t go it alone – consult a knowledgeable lawyer. With persistence and a strategic approach, you can successfully reclaim your seized property.

References

Search Warrant Restrictions [Accessed 1 December 2023]
Probable Cause Legal Definition [Accessed 1 December 2023]
What Are Your Options When Property is Seized? [Accessed 1 December 2023]
Property Seized for Taxes – Options for Business Owners [Accessed 1 December 2023]
Appeals – Collection Due Process (CDP) [Accessed 1 December 2023]
Can the IRS Levy Against My Property? [Accessed 1 December 2023]
Property Seized for Taxes – Options for Business Owners [Accessed 1 December 2023]
Petitions for Remission or Mitigation [Accessed 1 December 2023]