Defend Your Property When the Government Takes It

Setra Law Firm, PC handles asset forfeiture defense for individuals and businesses in Odessa & Midland, TX, whose property was seized by state or federal authorities during drug investigations, traffic stops, or other enforcement actions. You were stopped, searched, or served with a warrant, and officers took your cash, car, or other assets claiming they were connected to illegal activity, even if you were never charged with a crime or the charges were dismissed. Civil forfeiture allows the government to file a case against the property itself, and you must prove by a preponderance of the evidence that it was not involved in or derived from unlawful conduct.

The firm files the required claim forms within strict deadlines, often as short as twenty or thirty days depending on whether the case is state or federal, and litigates to challenge the basis for seizure. In civil forfeiture, the government does not need a criminal conviction, only probable cause that the property was used in or gained from illegal activity. The burden then shifts to you to show a legitimate source or innocent ownership. In criminal forfeiture, the property is tied to a conviction, and the challenge often involves contesting the underlying charges or the scope of assets subject to forfeiture. Texas law and federal statutes set different thresholds, procedures, and defenses.

If law enforcement seized your property and you received a notice of forfeiture, contact the firm immediately to preserve your right to contest the action before the deadline expires.

The firm reviews the seizure report, investigates the circumstances of the stop or search, and examines whether officers had legal authority to take the property. In many cases, forfeiture hinges on whether the stop was lawful, whether the search exceeded constitutional limits, or whether the government can prove a sufficient connection between the property and alleged criminal activity. The firm files a verified claim asserting your ownership and challenging the factual and legal basis for forfeiture, then conducts discovery to obtain incident reports, body camera footage, and witness statements.

If the case proceeds to a hearing or trial, Setra Law Firm, PC presents evidence showing legitimate ownership, a lawful source of funds, or lack of knowledge that the property was connected to any offense. In successful cases, the court orders the government to return the property or the parties negotiate a settlement where a portion is returned. In cases involving vehicles, the firm may argue that forfeiture is disproportionate to the alleged offense or that other owners hold a valid interest in the property.



The firm also advises on whether to pursue parallel criminal defense, as outcomes in the criminal case can affect the forfeiture proceeding. Federal forfeiture cases in particular require compliance with detailed notice and claim procedures, and missing a deadline often results in automatic forfeiture by default. The firm tracks all deadlines and ensures timely filings in both state and federal court..

Here are answers to questions that clients in Odessa & Midland, TX, frequently ask when their property has been seized.

Cash, vehicles, real estate, bank accounts, and any other asset alleged to be proceeds of or used to facilitate criminal activity, even if the owner was not charged or convicted.

What types of property can the government seize under forfeiture laws?

Deadlines vary, but in Texas civil forfeiture cases you typically have twenty days from the date of notice to file a claim, while federal cases may allow thirty-five days depending on how notice was served.

How quickly do I need to respond after receiving a forfeiture notice?

Civil forfeiture is an action against the property, not the person, so the government only needs to show probable cause, and the burden shifts to you to prove the property was not involved in illegal activity.

Why do I have to prove the property is legitimate when I was never convicted of a crime?

What happens if I miss the deadline to file a claim?

The government can obtain a default judgment forfeiting the property, and you lose the right to contest the seizure except in rare cases where you can show excusable neglect or lack of proper notice.

If you prevail at a hearing or the government voluntarily dismisses the case, the court orders return of the property, though processing and release can take additional weeks depending on where the assets are held.

When does the government have to return my property?

Setra Law Firm, PC reviews your forfeiture notice and seizure documents to determine the most effective defense strategy and begins the claims process immediately to protect your property rights.