Receiving an asset forfeiture notice of seizure is a bewildering experience, to put it lightly. One of these notices, issued by law enforcement agencies or other governmental entities, marks the beginning of the asset forfeiture process. In it, proceedings that facilitate the seizure of the defendant’s valuable property and assets occur.

If you’ve been issued an asset forfeiture notice of seizure, understanding the implications of the asset forfeiture notice you’ve received and what proactive steps you can take can make all the difference in the outcome of your case. Jacek Lentz, leading asset forfeiture lawyer of the firm Asset Forfeiture Attorney based in Los Angeles, CA, has prepared this article with this goal in mind. He’ll give you a general overview of the asset forfeiture notice of seizure and break down some of your rights and recourse you can exercise as a result.

As you read on, bear in mind that this article is not legal advice and should not be understood in any way as a substitute for a skilled and knowledgeable attorney who can study your case, guide you through the legal process of your asset forfeiture lawsuit, and advocate for you in a court of law.

Understanding Asset Forfeiture Notice Of Seizures

Asset forfeiture is a legal process by which the government, namely through law enforcement agencies, can seize your property. The only real condition is whether the government has reason to believe that the property has been used in criminal activity.

If and when a piece of property is seized, the government will issue you a notice of seizure. This notice informs you of subsequent forfeiture proceedings, as well as your rights to contest it. They’ll also outline the reasons for the seizure, specifically what property is subject to it and the deadline for filing a claim or petition that challenges the forfeiture.

Depending on your individual circumstances, a seizure notice can impact you in ways that range from a mere inconvenience to significant disruption, potentially jeopardizing your assets and the livelihood you’ve come to know.

Rights And Protections

Whether you’ve been issued a notice of seizure as an individual or someone acting on behalf of a business, you have the right to contest it and challenge the entire basis on which the government lays its claim.

After filing your claim, you’ll have the opportunity to present evidence, arguments, and defenses that undermine the government’s position and put your side of the story in a favorable light. Having a thorough understanding of asset forfeiture case law isn’t strictly necessary here, but it can serve as a guardrail of sorts, helping to steer your efforts in the right direction throughout the petition and proceedings. This is arguably the biggest difference an asset seizure forfeiture attorney will make in your case.

Given the nature of asset forfeiture, it might seem as though your constitutional right to due process isn’t honored at all, but this isn’t true. You not only have the right to notice but also to a hearing and legal representation. More than this, many asset forfeiture laws provide statutory defenses and exemptions that you can use to challenge the forfeiture and may otherwise be relevant to your case. For example, innocent owner defenses may apply if you can demonstrate that you were unaware of any criminal activity involving the seized property. Additionally, exemptions may exist for certain types of property, such as homestead exemptions for real estate.

Reclaiming Seized Assets

Now that you have a better idea of your rights in the asset forfeiture process let’s shift our attention to the ultimate goal: actually reclaiming seized assets. Strictly speaking, there’s no cookie-cutter approach to successfully accomplishing this, but there are nonetheless some general strategies and tactics that can greatly enhance your chances of reclaiming what rightfully belongs to you.

Consult With An Asset Forfeiture Lawyer 

We’ve alluded to this earlier, but it deserves its own section given how important it truly is. Asset forfeiture law is a very niche area of the law. Navigating any type of legal proceeding, be it a divorce or premise liability case, on your own is incredibly risky. In asset forfeiture cases, the risk is even higher because of how niche it is. On top of this, it’s very likely the stakes may be significantly higher, too.

An attorney will break down the law as it intersects with your case, explain your rights to you in a thorough yet understandable and accessible way, and will act on your behalf when interacting with law enforcement. They’ll make sure any and all documents relevant to your case are filled out correctly and submitted in a timely manner, ensuring your case can progress smoothly.

File A Claim

Filing a claim formally initiates the legal process. It also enables you as the property owner to later present your case before a court of law that explains why you and your assets shouldn’t be subject to the seizure to begin with.

Gather Evidence

You'll need evidence to support your story in the presentation you’ll be able to make after filing a claim. Compiling a strong set of evidence will help. Financial records, records of transactions, witness statements, expert testimony, and any other evidence could make all the difference in how the court perceives your argumentation.

Negotiate

If your case and evidence are strong enough, you may be able to resolve your case without litigating it in a court of law. Negotiation or settlement are two ways in which this can occur.

Negotiation is when you reach an agreement with the authorities to return your seized assets without the need for further legal action. On the other hand, settlement often involves reaching a compromise with the government in which you agree to certain terms or conditions, such as forfeiting a portion of the seized assets or providing assurances about future conduct in exchange for the return of the rest of your assets.

Understanding your rights and the general mechanics of the asset forfeiture process is key if you’ve received an asset forfeiture notice of seizure. If you have questions about more nuanced situations or need to find a reliable asset forfeiture attorney, email or call Asset Forfeiture Attorney at 213-250-9200 today.