Legal Question in Civil Litigation in Arizona

In Arizona, Vehicle was seized and held as evidence. Sister of the defendant is the lien holder. Sister envoked Power of Attorney after arrest and is also legal owner of the vehicle. Scottsdale PD got a judge to order vehicle forfeiture of the truck. How is this possible??? Sister was never notified about hearing and never received any type of communication from the PD. Nothing was sent notifying about the hearing either. Defendant is still awaiting sentencing and judgement has been passed on property. What recourse do I have? Do I report my vehicle stolen? What can I do?

Asked on 4/17/12, 11:13 pm

1 Answer from Attorneys

Joyce Johnson-Stovall Johnson Stovall and Associates PLLC

As a general proposition, if a vehicle is involved in a crime police may have a right to secure the vehicle as evidence. If the Court ordered a forfeiture of the truck, there is information in the system which you may be unaware of. How are you involved? On one hand you have indicated that your sister is the legal owner of the vehicle -- on the other hand you suggest that the vehicle is yours and question what recourse you have and whether you should report "my vehicle as stolen". Because of the inconsistency in your facts, we cannot provide you with an opinion regarding a strategy for getting the vehicle returned to you.

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Answered on 4/27/12, 5:58 am

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