Motion To Return Seized Property For Tax Purposes

Category:
State:
Louisiana
Control #:
LA-5402
Format:
Word; 
Rich Text
Instant download

Description

The Motion to return seized property for tax purposes is a legal form designed for use in the State of Louisiana. This form allows defendants to request the return of personal property that has been seized, specifically when it pertains to items within a vehicle involved in legal proceedings. It requires the defendant's information, including their name and the vehicle's VIN number, along with the details of the arrest and the nature of the charges. The form includes a request for the court to allow the retrieval of the items and concludes with a respectful submission from the defendant's counsel. Attorneys, partners, owners, associates, paralegals, and legal assistants can utilize this form to efficiently draft motions on behalf of clients, ensuring compliance with local court requirements. It is essential to complete the motion accurately and ensure all relevant details are included to prevent delays in the process. This form serves as a practical tool in cases involving property seizures, highlighting its application in both defense strategy and property retrieval efforts.
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FAQ

Civil forfeiture allows police to seize ? and then keep or sell ? any property they allege is involved in a crime. Owners need not ever be arrested or convicted of a crime for their cash, cars, or even real estate to be taken away permanently by the government.

If you fail to make arrangements, the IRS can start taking your assets after 30 days. There are exceptions to the rules above in which the IRS does not have to offer you a hearing at least 30 days before seizing property: The IRS feels the collection of tax is in jeopardy. This is called a jeopardy levy.

The IRS doesn't publish data on how many personal residences it seizes every year. However, home seizures are rare. In fact, the seizure of homes, cars, and other personal and business assets is all relatively rare. Generally, when the IRS levies assets, it takes tax refunds, wages, and bank accounts.

Overview. Eminent domain refers to the power of the government to take private property and convert it into public use, referred to as a taking. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners.

The Internal Revenue Code requires that seized property be sold by Public Auction or Sealed Bid Auction. Either way, the auction is open to the public and bidding is conducted by an auctioneer (usually a Property Appraisal and Liquidation Specialist with the IRS) or through GSA Auctions.

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Motion To Return Seized Property For Tax Purposes