In just another example of how the government is out of control, abuses the power we give it, and has as a main goal extracting the most money out of anyone it can, is a recent client who had her car stolen from her by these zealots who have drunk the Jim Jones juice.
A woman bought a car in her own name (she was married at the time) with cash that she diligently saved (isn’t that what we should encourage?). Because she overextended herself by using all her cash to buy this used car, she had to take out a title loan to help her over a financial hump. The loan was in her name only. She let her husband drive her car and…you guessed it…he was stopped for speeding and the police officer eventually found 3 pounds of plant material in the car. The husband gets probation. The wife loses a car.
I filed a claim because this was a clear-cut case of an innocent owner. Or so I thought. The County Attorney ignored the claim and filed a Complaint, I think assuming that because the owner had to take a title loan she would not have the ability to fight the forfeiture. Well, he was right.
I explained the process to my client and my belief that she would ultimately prevail. Knowing her financial situation, and really believing in her plight, I offered a deeply discounted hourly fee. I also told her how many hours it would probably take to write the Answer (with the associated filing fee), the Disclosure statement, other filings, and to appear at a hearing (artfully designed to be in front of a judge with no jury…gee, what happened to the Seventh Amendment). She didn’t have the money.
So, for lack of some money, my client loses all the equity in the car she saved so diligently to buy, the government gets a few dollars after auctioning off the used car and paying the outstanding loan, and my client gets punished more than her husband.
I know there are hundreds of similar stories. It just hits home when you see it firsthand.