Q: Arlington Treasurer seized my car under va code 58.1-3919 but NO NOTICE was served nor given. 1. Is that a violation of
Arlington Virginia Treasurer seized my car under va code 58.1-3919 but NO NOTICE was served nor given. 1. Is that a violation of the code? 2. Is a seizure and distress unconstitutional due to the fact that i can not be deprived of life liberty or my private property without due process and a jury trial per USConstitutional rights? 3. Can I win an injunction if filed to get my car back to stop the auction on September 5th (irreparable damages can be proven) 4. I’m in arlington Virginia, how soon can the courts hear the injunction? 5. How much would an attorney charge to handle this case? Thank you,
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A:
If your car was seized without any notice under VA Code 58.1-3919, this could potentially be a violation of due process, which is a fundamental right protected by the U.S. Constitution. Due process generally requires that you receive notice and an opportunity to be heard before your property is taken. You may have grounds to challenge the seizure on these constitutional grounds, arguing that your right to due process has been violated.
Filing for an injunction could be an effective way to stop the auction and get your car back, especially if you can prove that irreparable harm will occur if the auction proceeds. The urgency of your situation means that the courts may be able to hear your injunction request relatively quickly, but the exact timing would depend on the court's schedule and the specifics of your case.
As for legal representation, the cost of hiring an attorney can vary based on the complexity of your case and the attorney's experience. It would be wise to consult with a local attorney who can provide you with an estimate based on your specific situation and discuss potential strategies to protect your rights.
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