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Car is in my name but seized??

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UnhappyILmom

Junior Member
What is the name of your state (only U.S. law)? Il

Hello..I am wondering if there is something more I can do about this since it just doesn't seem logical and possibly against the law?

My husbands license was suspended due to parking tickets from about 20 years ago...he is an idiot and never had taken care of it. Anyway, since then he had got a DUI in WI which was taken care of but a small fee was still due. He got pulled over yesteerday while driving my car. (the car is registered in my name only) and was arrested for revoked liscense since WI and IL are sister states , I guess they merge everything together.

The policeman then had my vehicle towed and I was given the run around as to what office to go to to get my car back. I went to 2 different places and finally had someone tell me the correct place to go to which was another 15 minutes out of the way. I finally get there and am told that my car was seized. Even though I called dozens of times, asking when and how I can get my car back and how much it would be etc. I had the title in only my name with me as well as proof of insurance and my valid license. They still would not give me my car back and i was told i have to wait until MOnday to call the States Attorney to see if he will give me my car back.

This just doesn't seem right. I did not do anything and I did not know my husband had even took my car in the morning. IS there something more to this like I am thinking or is this legal???
 


Dave1952

Senior Member
They have seized your car because the driver did not have a valid Driver's License. They are assuming that he was driving with your permission since you live with the guy. You need to wait until Monday and then talk with the State's Attorney.
Assuming that the State believes you and agrees to release the car you will owe for the tow and the storage. If he doesn't believe you then you may wish to consult a lawyer.
It's quite common for store clerks to ask for a photo ID. Didn't you notice that he never showed a Driver's License?

Good luck
 

BOR

Senior Member
They still would not give me my car back and i was told i have to wait until MOnday to call the States Attorney to see if he will give me my car back.

This just doesn't seem right. I did not do anything and I did not know my husband had even took my car in the morning. IS there something more to this like I am thinking or is this legal???
If it was simply impounded, the "states attorney" has no say in when it will be released. The police station should have an impound release desk, that is where you need to go, of course you will have to pay whatever storage fees, etc.

If it was seized permanently, under the asset forfieture laws, and I don't see how it was, then a court order would be need to release it, or at leat challenged in court, that is under something like an "Innocent Owner" exception.

IOW, I let Joe drive my car, and have no idea he is transporting Cocaine, he gets arrested and MY car is seized under asset forfieture. I am an "Innocent Owner".
 

justalayman

Senior Member
I did not know my husband had even took my car in the morning
but did he ever use your car with you knowing? If so, the "I didn't know he took it this time" isn't going to work. In some states, allowing another to drive your car knowing they were not licensed is a crime in itself. You are not innocent if you allow it to happen.
 

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