Government Confiscation of Funds- how to proceed? | |
Anonymous Coward User ID: 692708 United States 01/10/2011 09:37 AM Report Abusive Post Report Copyright Violation | Not enough info. Were you charged with anything? Do you have any court dates? If not, I might just call the prosecutor and ask to have the money back, since they have no evidence it was gained from criminal actions on your part. Second, you have got to know by now, if unredeemed, it is their money, as he is an agent of the State. If you had proof it was redeemed lawful money, you might have easy proof they cannot hold it without an order from a JURY. Remember that over $25 dollars thing in their Constitution and right to a jury? If, after you call them and they do not return the cash, you might have an attorney write a letter for you, one who can practice in a Federal court and threaten to file a Federal Case (do not do it on a State level). Not legal advise, of course. Without prejudice. |
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(OP) User ID: 1224462 Thailand 01/10/2011 09:42 AM Report Abusive Post Report Copyright Violation | Not enough info. Were you charged with anything? Do you have any court dates? Quoting: Anonymous Coward 692708If not, I might just call the prosecutor and ask to have the money back, since they have no evidence it was gained from criminal actions on your part. Second, you have got to know by now, if unredeemed, it is their money, as he is an agent of the State. If you had proof it was redeemed lawful money, you might have easy proof they cannot hold it without an order from a JURY. Remember that over $25 dollars thing in their Constitution and right to a jury? If, after you call them and they do not return the cash, you might have an attorney write a letter for you, one who can practice in a Federal court and threaten to file a Federal Case (do not do it on a State level). Not legal advise, of course. Without prejudice. No I was never charged. They held me for about 6 hrs and released me. The occupant ended up gong to court and took a plea deal. I was not redeeming lawful money at the time. rken |
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(OP) User ID: 1224462 Thailand 01/10/2011 09:51 AM Report Abusive Post Report Copyright Violation | Not enough info. Were you charged with anything? Do you have any court dates? Quoting: rkenIf not, I might just call the prosecutor and ask to have the money back, since they have no evidence it was gained from criminal actions on your part. Second, you have got to know by now, if unredeemed, it is their money, as he is an agent of the State. If you had proof it was redeemed lawful money, you might have easy proof they cannot hold it without an order from a JURY. Remember that over $25 dollars thing in their Constitution and right to a jury? If, after you call them and they do not return the cash, you might have an attorney write a letter for you, one who can practice in a Federal court and threaten to file a Federal Case (do not do it on a State level). Not legal advise, of course. Without prejudice. No I was never charged. They held me for about 6 hrs and released me. The occupant ended up gong to court and took a plea deal. I was not redeeming lawful money at the time. rken Remedy might go something like this Im writning about this mater Mistake was made. (Mine in not understanding about lawful money) were is the proper notice I want to deal with honorable Then perhaps proceeding with the demand using the constitution ($25 issue) Last Edited by rken on 01/10/2011 09:52 AM |
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(OP) User ID: 1224462 Thailand 01/10/2011 10:21 AM Report Abusive Post Report Copyright Violation | Not enough info. Were you charged with anything? Do you have any court dates? Quoting: Anonymous Coward 692708If not, I might just call the prosecutor and ask to have the money back, since they have no evidence it was gained from criminal actions on your part. Second, you have got to know by now, if unredeemed, it is their money, as he is an agent of the State. If you had proof it was redeemed lawful money, you might have easy proof they cannot hold it without an order from a JURY. Remember that over $25 dollars thing in their Constitution and right to a jury? If, after you call them and they do not return the cash, you might have an attorney write a letter for you, one who can practice in a Federal court and threaten to file a Federal Case (do not do it on a State level). Not legal advise, of course. Without prejudice. The way the statute reads. you have to prove that you were not involved in any criminal activities. To even take them to court you have to post a $2500 bond, after they have taken the money. They even took Thai baht. That was about $400 of the total money involved. They do provide a way to throw your self on the mercy of the State Attorney General. By asking for the money back, which I did and sent bank statements as to the source of the money, as well as a copy of the morgage I hold showing the source of income. rken Last Edited by rken on 01/10/2011 10:23 AM |
Anonymous Coward User ID: 692708 United States 01/10/2011 10:43 AM Report Abusive Post Report Copyright Violation | Like I said, try calling the prosecutor (or his boss) and talk to them first. Tell them exactly what happened and the case on the other guy is done. Get an affidavit from the other guy before you call saying you were not involved in his crime and he has no claim on the money. Get that before you call the prosecutor. When they see you are WILLING to fight them and they have no case to keep the money, they might give it back. If that does not work, file in District court, with an attorney, demand triple damages and legal fees and the original 4,000. Demand the damages be PUTATIVE (non-taxable). Once the prosecutor gets served the District paperwork, they will begin settlement talks with your attorney. Make sure you are clear with your attorney what you will settle for! Write it down as part of his retainer. I might try that. |
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(OP) User ID: 1224462 Thailand 01/10/2011 11:07 AM Report Abusive Post Report Copyright Violation | Like I said, try calling the prosecutor (or his boss) and talk to them first. Quoting: Anonymous Coward 692708Tell them exactly what happened and the case on the other guy is done. Get an affidavit from the other guy before you call saying you were not involved in his crime and he has no claim on the money. Get that before you call the prosecutor. When they see you are WILLING to fight them and they have no case to keep the money, they might give it back. If that does not work, file in District court, with an attorney, demand triple damages and legal fees and the original 4,000. Demand the damages be PUTATIVE (non-taxable). Once the prosecutor gets served the District paperwork, they will begin settlement talks with your attorney. Make sure you are clear with your attorney what you will settle for! Write it down as part of his retainer. I might try that. Thanks you for your time. Appreciated. rken. i will do that uupon my return. |
David Merrill User ID: 1227922 United States 01/23/2011 08:08 PM Report Abusive Post Report Copyright Violation | Get your verified statement of right and interest in the US court within 30 days of the seizure (forfeiture). Rule E. [link to www.law.cornell.edu] [link to docs.google.com (secure)] |
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(OP) User ID: 1239965 Thailand 01/23/2011 10:46 PM Report Abusive Post Report Copyright Violation | Get your verified statement of right and interest in the US court within 30 days of the seizure (forfeiture). Rule E. Quoting: David Merrill 1227922[link to www.law.cornell.edu] [link to docs.google.com (secure)] Thank you David! Most helpful. I will get on it upon my return Hawaii at the end of the month. rken |