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Q: Am I going to lose my vehicle?
A: If this is your third offense in ten years, or if you have 1
prior offense within ten years and there either was a child under 16
in your vehicle or you tested .20 or higher, or you refused the
test; or if you offended
with a no-alcohol B Card restriction, or while your license was
already canceled as inimical to public safety, then the government
may forfeit your vehicle. I know it is complicated. Get a lawyer!
Q: The Government is forfeiting my
vehicle. Can I fight this?
A: Yes, but you must sue the proper person, the
proper way, in the proper court with the proper documents, properly
served and properly filed, with the proper proof of service and the
proper filing fee, properly stating the facts and grounds upon which
you allege the forfeiture is wrong - in only 30 days from the date
you were served a forfeiture notice. Even if you do all this
correctly, you may lose simply because you did not also challenge
the license revocation within 30 days, and they do not tell you this
in the forfeiture notices. The State can sue to forfeit the vehicle
too, even if you weren't served a forfeiture notice. There is very
little time for you to act!
Q: What if someone else drove my vehicle?
A: You may have an "innocent owner" defense and
there are things you must do, right now. Call a lawyer.
Q: What is forfeiture?
A: The State gets your vehicle. You still owe
on the loan. They usually sell it at a very low price at an auction.
The proceeds first pay off the costs of the sale, then the storage
fees, then the tow, and if anything is left, it goes to pay off part
of your loan, if the lien is on the title. Any extra money is kept
by the State! It can also hurt your credit rating.
Q: Can they take my other vehicles?
A: No, Minnesota has not taken that step yet.
(It is different when they seize license plates - then you lose ALL
your plates! See, below)
Q: What if my spouse and I are both on
the title?
A: The legislature changed this part of the law to
make it clear that the spouse loses. There is no apportionment of
the value of the vehicle. The State gets to forfeit the whole thing.
Q: Can I just sell the vehicle?
A: Not if you have
been served with a forfeiture notice. By law, they already won! You
have to sue them to undo it, drafting the right Complaint, serving
the right party, filing in the right court with the right fee - and
you only have 30 days to do it from the date you got the notice! (It
is even trickier if notice was served by mail.)
This information may not be used without written
permission.
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