Key Takeaways
- Texas and federal law both provide ways to seek temporary return of a seized vehicle, but they use different procedures.
- Under Texas Code of Criminal Procedure Article 59.02(b), qualifying property may be returned through a replevy bond equal to the vehicle’s appraised value. The vehicle must remain available for the forfeiture hearing.
- Employment needs can make temporary return urgent, but Texas law doesn’t use the federal hardship standard. You still need to satisfy the requirements for replevy.
- Under 18 U.S.C. § 983(f), you may seek immediate release if continued government possession causes substantial hardship and the other statutory conditions are met. Preventing you from working is one example of substantial hardship recognized by federal law.
- Texas law bars replevy when the vehicle is being held as evidence in a criminal investigation or pending criminal case. Federal law also excludes certain property, including contraband, evidence, and property likely to be used for further criminal activity.
- Gathering your seizure paperwork, ownership records, work documentation, and other supporting records can help you prepare your request.
If law enforcement has seized your car as part of its forfeiture case against you, it can create immediate problems. What if you need a vehicle to commute to work, transport equipment, take your children to school, or handle other daily obligations? Are you stuck relying on others or spending a small fortune on rideshare services?
Depending on the type of forfeiture case, you may have a way to seek the vehicle’s return while your case is pending:
- In a Texas Chapter 59 case, qualifying property may be returned through a replevy bond based on its appraised value.
- Federal law has a separate hardship-release provision that expressly recognizes being prevented from working as a potential substantial hardship.
At the Law Office of Amanda Skillern, PLLC, we have helped many clients regain access to their vehicles after a seizure in a forfeiture case. In this guide, we highlight what you need to know if you ever find yourself in this difficult situation.
Can You Get Your Seized Car Back Before a Texas Forfeiture Hearing?
You may be able to get your vehicle back before the forfeiture hearing through a procedure called replevy. Under Texas Code of Criminal Procedure Article 59.02(b), an owner or interest holder may replevy qualifying seized property by posting a valid bond with surety equal to the property’s appraised value.
Replevy allows you to regain possession of the vehicle while the forfeiture case continues. (It doesn’t end the case or prevent the government from asking the court to forfeit the vehicle later.) The bond must require you to return the vehicle to state custody on the day of the forfeiture hearing and abide by the court’s decision.
What If You Need the Car for Work Right Now?
If you rely on your vehicle to earn income, losing access to it can create immediate problems. You may need the car to commute, travel between job sites, transport tools or equipment, meet clients, make deliveries, or operate your own business. You may also face added transportation expenses while the forfeiture case remains pending.
In a Texas Chapter 59 case, your need for the vehicle doesn’t replace the replevy requirements in Article 59.02(b). Texas law doesn’t use the same hardship test that applies in federal civil forfeiture cases. If the vehicle is eligible for replevy, you still need to satisfy the bond requirements tied to its appraised value.
Your employment needs can still explain why seeking return of the vehicle is urgent. Relevant facts may include:
- Your job requires regular access to a vehicle
- Public transportation isn’t practical for your commute
- You use the vehicle to transport tools, equipment, or inventory
- You use the vehicle to generate business income
- You’re missing shifts or losing income because the vehicle is unavailable
- Rental cars, taxis, or rideshares are creating added expenses
If obtaining the bond isn’t realistic for you, a vehicle asset forfeiture attorney can review the seizure and determine if there are other grounds for seeking the vehicle’s return. That review may include why the government is retaining the vehicle, the authority used for the seizure, and any court orders affecting possession.
What If the State Says the Car Is Being Held as Evidence?
If the state says it must keep your vehicle for evidentiary reasons, that can block release through the standard replevy bond procedure. In this instance, an attorney can examine why law enforcement says continued possession is necessary. Relevant questions may include:
- Has the vehicle already been searched?
- Have investigators photographed or documented it?
- Has any forensic testing been completed?
- Is the vehicle itself evidence, or was it simply used during the alleged conduct?
- Does another court order affect possession of the vehicle?
The answer depends on the role the vehicle plays in the investigation or prosecution. If law enforcement is holding the vehicle as evidence in a criminal investigation or pending criminal case, Article 59.02(b) doesn’t permit replevy of that vehicle.
What If the Vehicle Was Seized by a Federal Agency?
A federal seizure can trigger a different set of rules from a Texas Chapter 59 case. If an agency such as the DEA, FBI, Homeland Security Investigations, or U.S. Customs and Border Protection seized your vehicle, federal civil forfeiture law may govern your request for temporary release.
Federal law includes a hardship-release provision under 18 U.S.C. § 983(f). Unlike Texas replevy, federal hardship release requires you to satisfy several statutory conditions before the vehicle can be returned while the forfeiture case is pending.
Those conditions include:
- Showing that you have a possessory interest in the vehicle;
- That continued government possession will cause substantial hardship, and;
- That the hardship outweighs the risk that the vehicle will be lost, damaged, hidden, transferred, or otherwise made unavailable.
The first step is identifying which agency seized the vehicle and which forfeiture authority applies. That determines which release procedure you need to pursue.
Can You Get Your Car Back Under the Federal Hardship-Release Rule?
If federal civil forfeiture law applies, you may be entitled to immediate release of your vehicle. To qualify, you must generally must show that:
- You have a possessory interest in the vehicle
- You have sufficient ties to the community to provide assurance that the vehicle will be available at the time of trial
- Continued government possession will cause substantial hardship
- Your likely hardship outweighs the risk that the vehicle will be destroyed, damaged, lost, concealed, or transferred if it is returned
- None of the statutory exclusions applies
Federal law expressly identifies preventing someone from working as an example of substantial hardship. It also recognizes hardship when continued seizure prevents a business from functioning. If you rely on the vehicle for employment, useful documentation may include:
- A letter from your employer explaining why you need a vehicle
- Your work schedule
- A job description showing driving requirements
- Business records showing how you use the vehicle to earn income
- Records of missed work or lost income
- Rental car or rideshare receipts
- Information showing why public transportation isn’t a practical alternative
The court may still consider the risk that the vehicle won’t remain available for trial. For that reason, your request may also need to address your ties to the community and your ability to preserve and produce the vehicle when required.
How Do You Request Federal Hardship Release?
To seek hardship release under 18 U.S.C. § 983(f), you must first request possession of the vehicle from the appropriate government official. This request, which must explain how you meet the criteria for immediate release, should address points such as your possessory interest in the vehicle and the hardship caused by continued government possession.
If the vehicle hasn’t been released within 15 days after your request, you may file a petition in federal district court. Where you file depends on whether a forfeiture complaint has already been filed.
- If the government has already filed a forfeiture complaint, you can file the petition in that district.
- If no complaint has been filed, you can file in the district where the seizure warrant was issued or where the vehicle was seized.
The petition must explain how you satisfy the hardship-release requirements and describe the steps you already took to obtain the vehicle from the government. The court must rule on the petition within 30 days after filing unless the parties consent to an extension or the court extends the deadline for good cause.
Are Some Vehicles Excluded From Federal Hardship Release?
Yes. Even if continued seizure is causing hardship, 18 U.S.C. § 983(f) excludes certain property from immediate release. For a seized vehicle, hardship release isn’t available if:
- The vehicle is contraband
- The vehicle is to be used as evidence of a violation of the law
- Because of its design or another characteristic, the vehicle is particularly suited for use in illegal activities
- The vehicle is likely to be used to commit additional criminal acts if returned
Federal law also requires the court to compare your likely hardship with the risk that the vehicle will be destroyed, damaged, lost, concealed, or transferred if it is released. If the government argues that the vehicle may become unavailable, your request may need to address that concern.
FAQs About Getting Your Car Back Before Trial
What Happens If I Can’t Afford a Texas Replevy Bond?
Texas Code of Criminal Procedure Article 59.02(b) bases the replevy bond on the appraised value of the seized property. The statute doesn’t provide a general exception that lets the court waive or reduce that amount simply because paying for a bond is difficult.
If you can’t obtain the required bond, an attorney can review the government’s basis for retaining the vehicle and determine if another legal route may apply. The analysis can include the reason for the seizure, the agency holding the vehicle, any related criminal case, court orders affecting possession, and the legal authority being used to pursue forfeiture.
Can I Drive My Car Normally If It Is Released?
You may be able to use the vehicle after it is returned, but you remain responsible for complying with the bond terms, court orders, or federal release conditions that apply.
In a Texas replevy case, you must be able to return the vehicle to state custody for the forfeiture hearing. In a federal hardship-release case, the court may impose conditions intended to preserve the vehicle and its value. Federal law permits measures such as requiring insurance, allowing inspection or inventory, fixing a bond, or placing a lien against the property. Selling, hiding, transferring, or damaging the vehicle could create serious problems while the forfeiture case remains pending.
Can the Government Seize My Car Even If I Haven’t Been Convicted?
Yes. Civil asset forfeiture can proceed separately from a criminal prosecution, so a criminal conviction isn’t always required before the government can pursue forfeiture of a vehicle.
Under Texas Chapter 59, property alleged to be contraband can be seized and subjected to forfeiture under the statutory rules. Federal civil forfeiture law also allows the government to pursue property through civil proceedings. A seizure doesn’t always mean the government will ultimately keep the vehicle, though. You can contest the forfeiture if you have standing to do so, and interim remedies may be available while the case is pending, including Texas replevy or federal hardship release in qualifying cases.
Talk to a Texas Asset Forfeiture Attorney About Getting Your Car Back
If law enforcement seized the vehicle you rely on for work, you may have a way to seek its return before the forfeiture case ends. In a Texas Chapter 59 case, Article 59.02(b) may allow you to replevy an eligible vehicle by posting a bond equal to its appraised value. In a federal civil forfeiture case, 18 U.S.C. § 983(f) may support immediate release when continued government possession creates substantial hardship and the other statutory requirements are met.
At the Law Office of Amanda Skillern, we can review who seized your vehicle, which forfeiture law applies, why the government is retaining it, and which release option may be available. To schedule a confidential case evaluation with a civil asset forfeiture lawyer, call us at 832-954-4722 or contact us online today.
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