Return of property

[weplumcrazy]

What is the name of your state (only U.S. law)? Texas

The judge ordered the return of property that was seized in a criminal case because all charges were dismissed. All property was to be returned by Dec. 31, 2008. We were informed on Dec. 30, 2008 that the ATM machine seized had been lost by the county officials in charge of seized property. The ATM machine was on a non-cancelable lease where the only way to stop the lease agreement was to return the ATM machine. The charges for the ATM machine are now at $5950. This has now gone against my credit history. Since the judge ordered return of all property, the state cannot produce the ATM machine, I feel the court owes me the $5950 in damages. How do I get these damages? I have run out of resources for hiring an attorney, can I file the papers myself and what would I file?

Thank you.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Texas

The judge ordered the return of property that was seized in a criminal case because all charges were dismissed. All property was to be returned by Dec. 31, 2008. We were informed on Dec. 30, 2008 that the ATM machine seized had been lost by the county officials in charge of seized property. The ATM machine was on a non-cancelable lease where the only way to stop the lease agreement was to return the ATM machine. The charges for the ATM machine are now at $5950. This has now gone against my credit history. Since the judge ordered return of all property, the state cannot produce the ATM machine, I feel the court owes me the $5950 in damages. How do I get these damages? I have run out of resources for hiring an attorney, can I file the papers myself and what would I file?

Thank you.

**A: the county is now using the machine for their own personal banking.

 

[weplumcrazy]

So that is the best answer you people can come up with. Y'all are really experts and sincere about giving helpful advice, aren't you?

Thanks for nothing.

 

[Zigner]

So that is the best answer you people can come up with. Y'all are really experts and sincere about giving helpful advice, aren't you?

Thanks for nothing.

Have you even ASKED the PD how to submit a claim?

 

[weplumcrazy]

Yes, I have covered all those bases. I was given the run around everywhere I went from the Sheriff's Dept. to the D.A.'s office to the court coordinator, where everyone said "Have your attorney handle it". I spoke with several attorneys who wanted $2500 to even talk to me about it. I don't have $2500 as I have already spent thousands of dollars in legal fees already. I am not real thrilled with a system that tells me to spend another $2500 to receive what has already been ordered by a judge to be returned to me. It seems quite ridiculous that I have to bear the cost of the incompetency of the county officials that lost the property that was under their responsibility. We as citizens by law have to pay dearly for our irresponsible acts and now I'm expected to pay dearly for the Sheriff Department's irresponsibility too? That's why I turned to y'all in hopes of advice on the proper way to approach it on my own.

Fortunately I asked the same question on another site where I have just received very clear advice from an attorney (who actually cares) who in detail explained the step by step process to resolve this. Many thanks go to him.

In all fairness, I have received some helpful advice between the smart aleck remarks on this site in the past. Unfortunately, the good guys weren't around this time to see my question.

 

[CdwJava]

I presume your resolution will involve a small claims action against the county agency that was responsible from your property?

- Carl

 

[weplumcrazy]

Carl! One of the good guys!

Hopefully the small claims case will be a last resort. I was advised to first write a demand letter with intent to sue to the responsible agency. If that doesn't work then I should file a Motion to Enforce Judgment in the court of the judge who ordered the return of property. If the judge will not order the payment of damages (which I think she will) then it will have to go to small claims court. My main obstacle which I was trying to get advice on was how to get it in front of the judge and now I know it is through the Motion to Enforce Judgment.

Thanks for your interest.

 

[CdwJava]

Carl! One of the good guys!

Thanks. Sorry, I didn't notice this until now ... but, I would not have been able to provide a step by step plan of action, either. So, it's just as well.

Hopefully the small claims case will be a last resort. I was advised to first write a demand letter with intent to sue to the responsible agency. If that doesn't work then I should file a Motion to Enforce Judgment in the court of the judge who ordered the return of property. If the judge will not order the payment of damages (which I think she will) then it will have to go to small claims court. My main obstacle which I was trying to get advice on was how to get it in front of the judge and now I know it is through the Motion to Enforce Judgment.

Kinda what I figured. Very similar to the process out here.

No agency is going to voluntarily pony up paying out. They have to be pushed ... delaying the inevitable, so to speak. Expect to be challenged on the value of the item or its contents. You will have to present proof of the value of the machine and your expenses to pay for it. Also, you might expect them to only offer to pay for costs incurred AFTER the date the court ordered its return.

Just some random thoughts on the matter.

- Carl

 

[weplumcrazy]

Thanks, Carl. I think I have all the necessary documentation, now we'll just see how it goes...