Q: What happens when you are not part of a forfeiture case but should be? Are you obligated to file a written answer?
I own a truck that the state seized and now has filed a forfeiture case against. At the time of seizure I did not own the truck. It was in a dead man's name, so the named parties in the suit was the dead man and the person driving the truck. A written response has to be filed by 10am tomorrow morning. I'm not named in the suit but I own the truck. Do I respond with a written answer or what do I do. I've tried to get help by an attorney with no luck. I'm disabled and on a fixed income so I have to rely on legal aid and have got nowhere.
A:
You need to file a Written Answer with affirmative defenses.
You should have a lawyer do it. It is very complicated especially with your circumstances. Put in a General denial to all allegations and affirmative defenses of No Cause of action, no jurisdiction, res judicata, no standing, no right of action, exemption, and any other defense you may have.
Good luck!
Tristan Nicolas LeGrande agrees with this answer
A: On such short notice, your only option is to try to file a pro se answer to the lawsuit. Good luck.
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