New Orleans Louisiana Affidavit regarding request for return of improperly seized property

State:
Louisiana
City:
New Orleans
Control #:
LA-5265
Format:
Word; 
Rich Text
Instant download

Description

In this example, the affiant requests that two seized vehicles be returned to her. She states her assumption that the property was seized pursuant to La. R.S. 40:2603 and La. R.S. 40:2604, and asserts that the seized vehicles were in no way connected with conduct giving rise to forfeiture under La. R.S. 40:2600 et seq.
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How to fill out Louisiana Affidavit Regarding Request For Return Of Improperly Seized Property?

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FAQ

Three different modes of procedure are used in civil matters in the trial courts of this state: ordinary, summary, and executory.

Summary proceedings are those which are conducted with rapidity, within the delays allowed by the court, and without citation and the observance of all the formalities required in ordinary proceedings. Disclaimer: These codes may not be the most recent version. Louisiana may have more current or accurate information.

In a legal context, seized may be used to refer to a situation in which the government has taken forcible possession of the property, as in seized property. For instance, the US Department of Treasury makes auctions of seized property for sale throughout the United States.

Keep in mind that you are NOT required to wait on the letter from Customs before filing the verified claim for court action. If you have no claim to the item seized, then you can simply ignore the customs seizure letter and allow CBP to take the property.

You may be subject to penalties up to the value of the genuine merchandise based on the manufacturer's suggested retail price (MSRP). These can be quite high and would require a separate petition filing to mitigate these fines down. Note you may not receive a penalty notice until way after the seizure case was closed.

Louisiana is a fact-pleading state. Accordingly, Louisiana law requires that a petition contain ?a short, clear and concise statement of all causes of action and material facts arising out of the transaction or occurrence that is the subject matter of the litigation.? See La. C.C.P.

Generally, it takes 3 months to get your vehicle back when filing a petition with Customs. In addition, the attorney may be able to negotiate with the government on your behalf and possibly reduce or eliminate penalties and reduce storage fees assessed against you.

To get the money back, you should hire an experienced attorney quickly to seek a prompt return of the money, or to file a forfeiture action. Our cash seizure and forfeiture lawyer would challenge the Government's attempt to retain the money and help you get your money back.

A ?delictual action? is a tort action or an action seeking damages for injury caused by the act of another. The Plaintiff, conversely, opposed the exception by arguing a bad faith claim against an insurer is a contractual action and subject to a ten-year prescriptive period.

Louisiana is the only Civil law jurisdiction in the United States. Louisiana gets its Civil law legal system from its colonial past as a possession of two Civil law countries, Spain and France. It may be better to think of Louisiana's legal system as a hybrid consisting of both Civil and Common law influences.

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New Orleans Louisiana Affidavit regarding request for return of improperly seized property