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 VEHICLE SEIZURE- OFFICE OF THE CITY ATTORNEY VEHICLE SEIZURE INFORMATION
WHO DO I CONTACT ABOUT MY CAR? 1st: Please read the "RECEIPT FOR SEIZED VEHICLE" and the blank copy of the ‘CLAIM OPPOSING FORFEITURE FORM" that was given to you or the person arrested when the vehicle was seized. They contain information as to how, where and how long you have to file a Claim Opposing the Forfeiture in the Alameda County Superior Court, 1225 Fallon Street, Oakland, CA. 2nd: One full workday after your vehicle was seized you may call (510) 238-6337. Follow the instructions on the voicemail box to contact the City Attorney. The message will explain options and take your message about your vehicle. The seizure of your vehicle is a civil nuisance abatement action against the vehicle because it was used to buy drugs or solicit prostitution (Ordinance No. 12015 C.M.S. adopted October 21, 1997). Again, the criminal case is totally separate and is handled by the Alameda County District Attorney. **NOTE – THE CRIMINAL CASE IS COMPLETELY SEPARATE FROM THIS CASE**
REGARDLESS OF THE OUTCOME OR STATUS OF THE CRIMINAL CASE, THE VEHICLE WILL BE FORFEITED UNLESS YOU FILE A TIMELY CLAIM OPPOSING FORFEITURE IN THE ALAMEDA COUNTY SUPERIOR COURT or make a settlement with the City Attorney to agree to the forfeiture of cash in lieu of forfeiting the vehicle.
If you wish to set up an appointment to discuss the settlement of your case by forfeiting cash in lieu of forfeiting the vehicle and thereby get the vehicle released, You can obtain an appointment by calling the vehicle seizure information message number, (510) 238-6337. An appointment can also be made by writing or faxing a request to the City Attorney’s Office attn: Claims (510) 238-6500. A representative of the Office of the City Attorney will be in touch with you within one workday after your message, to set up an appointment to discuss your case.
**NO ONE WILL BE SEEN WITHOUT AN APPOINTMENT**
This information guide will provide you with general information regarding the City’s vehicle seizure program. The City Attorney’s Office cannot provide legal advice to you. If you have specific legal questions, you should consult with an attorney.
COMMONLY ASKED QUESTIONS: Q: If the criminal charges are dismissed, can I get my vehicle released without paying anything? A: No. The criminal case is completely separate from the vehicle seizure proceedings and one has no bearing on the other. Q: What happens if I cannot pay the amount of the fees required to get my car released? A: Unless a "Claim Opposing Forfeiture Form" has been filed with the Alameda Superior Court and served on the City Attorney’s Office within 10 days of the receipt of the notice, you forfeit the vehicle. Q: Will I have to pay more money to get my car back once I settle with your office? A: No. We will provide you with a copy of a memo to the Oakland Police Department verifying you have paid all applicable fees and authorizes them to give you a release for your car. Q: If I wasn’t in the car at the time it was seized, do I still have to pay money to get it back? A: Yes. As the registered owner, you are responsible for all charges against it. Q: Will this effect my DMV record? A: No points are placed on your license. However, if the vehicle is forfeited, it will be sold and a new owner registered at DMV.
INFORMATION NUMBERS: Alameda County Superior Court – Department 8
Alameda County District Attorney’s Office Oakland Police Vice Squad A&B Towing and Storage City Attorney’s Office |