If Texas law enforcement has taken your car, cash, or other belongings, you’re probably wondering what just happened and what you can do about it. You may not be facing charges, yet officers claim your personal property is tied to a crime. In many cases, they can move to keep it through the civil asset forfeiture process, even if you haven’t done anything wrong. And if you don’t respond quickly, you could lose that property for good.
Civil forfeiture cases in Texas don’t work like criminal trials. The government files a case against the property itself, and the burden often falls on you to fight for its return. It’s an incredibly frustrating situation, especially when you’ve never found yourself in the criminal justice system before, but state law gives you a path to challenge the seizure. In this guide, we’ll review how to respond if this happens to you and how a Texas civil asset forfeiture lawyer like Amanda Skillern can help you recover what was taken.
Overview of Civil Asset Seizure in Texas
Texas law gives law enforcement the authority to seize personal property they believe is linked to criminal activity. This includes:
- Cash: Peace officers often seize large amounts of currency if they believe it’s connected to drug sales, theft, or other illegal activity. You don’t have to be carrying drugs for them to claim the money came from a crime.
- Vehicles: Cars, trucks, and motorcycles may be taken if they were used to transport drugs, stolen goods, or weapons. A vehicle may also be seized if peace officers think it was bought with illegal proceeds or used in ‘deadly conduct’ such as donuts (squealing tires while turning the vehicle in a tight circle).
- Firearms: Guns can be seized if they were used during a crime or if the person carrying them wasn’t legally allowed to own them. Even lawfully purchased firearms may be taken during a criminal investigation.
- Electronics: Phones, computers, and other digital devices may be seized if officers believe they were used to commit fraud, identity theft, or drug trafficking. These items are often held for forensic searches or tagged as evidence.
- Real Estate Holdings: Homes, land, and buildings may be seized if the police believe they were used for drug manufacturing, illegal gambling, or other criminal activity. These cases usually involve larger investigations.
- Other Personal Property: Jewelry, safes, tools, and household goods may be seized if law enforcement officers claim they were bought with illegal money or used during a crime. Even items with low resale value may be included in a forfeiture case.
Peace officers may take the property during a traffic stop, search warrant, or arrest. What’s frustrating is that you don’t have to be charged with a crime for law enforcement to begin the legal process. In most cases, they only need to claim the property was used to commit a crime or purchased with proceeds from one.
What makes this practice especially controversial is that law enforcement agencies often benefit directly from the civil asset forfeiture process. Under Chapter 59 of the Texas Code of Criminal Procedure, agencies that seize and forfeit property are allowed to keep a portion of the proceeds. This can include cash from seizures, as well as money earned from selling vehicles, electronics, or other forfeited items at auction.
The funds are typically split between the seizing agency and the local district attorney’s office. Law enforcement can use this money to pay for equipment, training, vehicles, software, or other departmental expenses. In some cases, departments have used forfeiture funds to cover overtime or cover the cost of special operations.
This system has drawn criticism from watchdog groups, who argue it creates an incentive to seize property even when the evidence is weak. While the law requires annual reporting of how the money is used, many reports lack detail or go unreviewed. As a result, there’s a growing debate about whether forfeiture laws should be reformed to prevent abuse.
How to Recover Your Seized Assets
Forfeiture proceedings take place in Texas civil court, with the legal action being brought against the property itself. For example, the state might file a petition titled “State of Texas v. $12,450 in U.S. Currency.” Unlike a criminal case, the government doesn’t have to prove guilt beyond a reasonable doubt. Instead, prosecutors only need to show by a preponderance of the evidence that the property is tied to criminal conduct. This standard is easier for the state to meet and puts the property owner in a weaker position if they don’t respond quickly.
Timing is everything in a Texas civil forfeiture case, as the deadlines are short and fixed. If you wait too long, you may lose your chance to get your personal property back from law enforcement. Here’s what you need to know.
The State Has 30 Days to File a Petition
After law enforcement takes your property, the district attorney has 30 days to initiate a civil forfeiture lawsuit. The petition is usually filed in the district court for the county where the seizure occurred. It needs to include the date the property was taken, a clear description of the item or items involved, and an explanation of how the state believes the property was used in or connected to a crime.
The Petition Triggers Formal Notice
Once the district attorney files the forfeiture petition, the state must provide a copy to the person it believes owns or controls the property. This step gives formal notice that a civil case has been opened against the property and that the state intends to keep it. The case can’t proceed in court until this notice is delivered and recorded according to Texas law.
You Have 20 Days to File a Response
After you’re served with the forfeiture petition, you have until the Monday following the 20th day after the service date, to file a written answer with the district court handling the case. The answer must meet the formal requirements in the Texas Rules of Civil Procedure, including a clear denial of the state’s allegations and a statement of your claim to the seized assets. If the answer is filed late or doesn’t include the required content, the judge can grant a default judgment, which allows the state to take permanent ownership without holding a hearing.
You’ll Need Records That Support Lawful Ownership and Use
Once your answer is filed, you should begin evidence collection. The goal is to show that the property belongs to you and was not used in connection with a crime. Acceptable records may include purchase receipts, loan agreements, registration forms, or usage logs that explain when and how the property was used. For cash seizures, you may need to provide pay stubs, tax filings, or electronic records that account for the full amount; for vehicles, helpful documents include the title, maintenance history, insurance coverage, and proof of lawful use.
You May Receive an Offer Before the Case Goes to Trial
In some forfeiture proceedings, the district attorney may offer to resolve the case through a negotiated agreement. This could involve returning all of the property, a portion of it, or settling the case under certain terms, such as a signed waiver or partial release. These negotiations usually depend on the quality of the records you’ve provided, how clearly they support your claim, and the state’s assessment of how the case would likely be decided in court.
Prepare for a Forfeiture Hearing if No Deal Is Reached
If the case isn’t resolved through negotiation, it will proceed to a civil hearing in the district court where the petition was filed. At the hearing, the judge, or jury, will review written records, listen to witness testimony, and decide whether the state has shown that the property was tied to illegal activity.
In most cases, trying to handle an asset forfeiture case on your own is risky. The rules are strict, the deadlines are short, and the burden often falls on you to prove that your property wasn’t tied to illegal activity. If you miss a filing deadline, submit an incomplete answer, or fail to present strong documentation, the court can rule against you without ever holding a hearing. When you want and need your personal belongings back, hiring an experienced lawyer gives you a much better chance of recovering it.
How a Civil Asset Forfeiture Lawyer Can Help
Civil forfeiture cases in Texas follow strict procedural rules, and any mistakes or delays can cost you the right to recover your personal property. An asset forfeiture lawyer can make sure your answer is filed correctly with the appropriate district court within the 20-day deadline. They’ll use the exact language required under the Texas Rules of Civil Procedure to avoid default.
An attorney can also evaluate the petition to see if the state missed a filing deadline, made a legal error, or failed to state proper grounds for the seizure. If the initial notice lacked required information (such as the date of seizure, a clear description of the property, or a proper connection to a crime), your lawyer may be able to move to dismiss the case early. They’ll also help you gather documents like purchase receipts, loan agreements, wire transfers, title records, or payroll stubs to prove your property has a lawful origin.
If the district attorney offers a settlement, your attorney will handle the negotiations and protect your interests. Prosecutors may agree to return the property, reduce the amount held, or resolve the case without further litigation. Your lawyer can submit a written demand, attend pre-trial conferences, and raise objections if the state uses improper arguments or unverified claims.
At trial, your lawyer will present your case before a judge or jury and challenge the state’s evidence. They’ll cross-examine law enforcement officers, file motions to exclude unlawfully obtained evidence, and argue that the state failed to meet the burden of proof. If the government can’t show by a preponderance of the evidence that the property was linked to a crime, you may receive a court order for its return. Without legal representation, you risk being outmatched by prosecutors who handle these cases every day.
Speak to a Texas Civil Asset Forfeiture Attorney Today
Civil asset forfeiture cases move quickly in Texas. If you fail to act within the required timeframe, the court can award the property to the state without a hearing. Even if no criminal charges were filed, you still face the risk of losing your property permanently through a court order.
At the Law Office of Amanda Skillern, we represent people whose property has been unfairly seized by law enforcement. With years of experience handling asset forfeiture cases on both sides of the courtroom, we know how prosecutors build these claims and where they fall short. If you’ve received a forfeiture notice or believe your rights were violated during a seizure, contact our office to schedule a consultation. We’ll review your case and help you take the necessary steps to recover your property. Call our criminal law firm at 346.291.0432 or contact us online to request a confidential consultation.
Related: What Happens After Your Property Is Seized in Houston?
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