What to do about the release of confiscated property?

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What to do about the release of confiscated property?

I am currently trying to assist my cousin-in-law retrieve some property from the authorities take 2 years ago from her husband. He is still incarcerated. She is still trying to get the property they took. The property was being held because they thought it was ill-gotten property. First off the judge ruled that it be given to her. That did not happen. The Marshall’s office sent her an e-mail a year ago and stated that they no longer need to hold the property (vehicles). They told her that the storage fee have stopped accruing at $6500. We trying to get now. Price is now $10,000. I am inquiring to see: 1. Can this be overruled by the court and we not pay anything, or 2. Do we have to pay either the $6500 or the $10,000?

Asked on August 25, 2010 under Bankruptcy Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think that your idea as to bringing the Court in to the issue is the best.  At this point in time someone is in violation of the court order directing that the property be turned over to your friend.  Maybe even all of them!  Judge's do not like it when their orders are not followed and will hold parties in contempt.  I would seek help bringing an action to release the property (state's often have laws regarding the release of property and you should probably speak with a criminal defense attorney for consultation).  Bring it against everyone, ask that everyone be held in contempt, ask that the court waive all the fees and penalties.  Really, what do you have to lose?  Good luck.


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