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Seizure of vehicles analysis



Chadi,

I want to make sure that all the clients understand that at this stage, there is very little more that I can do expect make phone calls which really do nothing.  The reason for that is because we are processing this using an administrative process.  The administrative process is supposed to be faster than the other process available to us which is the judicial process. 

 

We can abandon the administrative process and pursue judicial action.  If we do that we will be able to have a court intervene.  The problem with that, however, is we get a court involved, the government will have 60 days to respond to our complaint.  That does not mean that they will release the vehicles in 60 days but that they will get 60 days to respond to my filing.  That will begin a lengthy process of filings and counter-filings along with discovery and motions.  The benefit of the judicial process is that we will be able to sue for ALL losses including lost revenue, storage, depreciation, attorney’s fees, and perhaps even punitives.  The problem with the judicial process is that it is lengthy and costly.  What I mean by lengthy is that it can take over a year from start to finish.  The good thing about that is that the client will have a right to sue for their losses.  The judicial process is also costly.  You can expect that this type of litigation from start to finish will cost between $30,000 and $40,000.

 

I recommend we continue to wait.  As I told you before, we have a good petition and I think we will have resolution.  If we go to the court now, they will stop working on the matter. 

 

Best,

 

Haytham Faraj, Esq.

PUCKETT & FARAJ, PC

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