Thursday, June 10, 2010

Beware!!!!!!!!!!! Repossession and Forfeiture

We all probably know that if we use our car for an illegal purpose, it can be taken by the government as an instrument of the crime. But it is also a fact that if we knowingly allowed this illegal use to someone else, we lose a status of an "innocent owner" and the government, after a forfeiture hearing, can take our car. What is "knowingly" is a subject to an infinite number of cases, both state and federal. But here is another twist. If we are not outright owners but we either lease or finance the car, the bank, the lien-holder or the title holder can repossess the car for an "illegal" use. Since banks and financing companies are not government agents and, therefore, are not subject to the US Constitution, the procedure is very simple - same as when we stop paying for our cars - repossession.
I am now representing a client, whose estranged husband and step son were arrested for an alleged drug possession while driving her car. The police impounded the vehicle but later returned it to the bank holding the note. The bank then immediately declared the loan to be in default and sold the car at an auction since she could not pay the whole balance. The bank is now suing her for the balance on the loan since the car was sold for 1/2 of the loan balance value. We are counter suing for damages.

Wednesday, June 9, 2010

Lawyer-Psychologist

Yesterday I had a client that seemingly came to the office to see what her legal rights were. She had been with her husband for 20 years and a year ago he cheated on her. Its amazing that although it was clear that he was busy transferring their marital assets and that should have been, from the legal stand point her major concern, she was really concerned with trying to keep the guy. It sometime amazes me how much of what I do is psychology. Just finished reading Stieg Larson's The Girl That Kicked the Hornet's nest and it turns out, in Sweden it is a must to have psychological training in order to become an attorney. Not here. I wish I had some.