If cash, a vehicle, real estate, funds, or other property has been seized in Surrey, you may not know what happens next. An asset seizure may have serious consequences. But seizure doesn’t necessarily mean forfeiture is automatic or that the property owner has been convicted of an offence. 

An asset forfeiture lawyer in Surrey can review why your property was seized and consider options available to challenge the forfeiture.

Why Can Assets Be Subject to Civil Forfeiture in BC?

Under the Civil Forfeiture Act BC, the Director of Civil Forfeiture may pursue property alleged to be connected to unlawful activity, including:

  • Proceeds of unlawful activity: Property or an interest in property allegedly acquired directly or indirectly through unlawful activity like drug crimes or fraud. 
  • Instrument of unlawful activity: Property allegedly used or likely to be used (in circumstances covered by the Act) in connection with unlawful activity.

Civil forfeiture in BC doesn’t require a criminal conviction. Depending on the circumstances, unlawful activity may potentially be established even when someone isn’t charged, charges were withdrawn or stayed, or the person is acquitted. 

Receiving a forfeiture notice doesn’t establish that the property owner committed an offence.

Can an Asset Seizure Be Challenged?

Challenging asset seizure in BC depends on the circumstances. A lawyer may examine:

  • Whether the required connection between the property and alleged unlawful activity can be established. 
  • How the property was acquired. 
  • How the property was used. 
  • Who legally owns or has an interest in the property. 
  • Whether a spouse, lender, corporation, or other third party has an interest. 
  • The evidence relied upon by the Director of Civil Forfeiture. 

BC law provides protections in certain circumstances for uninvolved interest hodlers, although eligibility depends on the nature of the interest and the facts.

The Role of an Asset Forfeiture Lawyer

An asset seizure lawyer in Surrey may review seizure notices, preservation orders, court documents, or administrative forfeiture notices and determine which process applies. 

A seized property lawyer in Surrey may also help gather banking records, receipts, purchase documents, financial records, and ownership evidence that could support a legitimate source or use of the property.

Your lawyer may prepare the appropriate response, communicate with the Civil Forfeiture Office, negotiate with opposing counsel, and represent you in BC Supreme Court proceedings.

Why Acting Quickly Matters

Different civil forfeiture procedures can involve different deadlines. There is also an administrative forfeiture in BC process for qualifying non-real property valued at $75,000 or less. The applicable requirements and dispute period depend on the notice and circumstances. 

If you receive a notice concerning seized assets in BC, you should get legal advice as soon as possible to help protect your interests and preserve evidence.

FAQs

Can the government pursue my property without a criminal conviction?

Potentially, yes. Civil forfeiture is separate from criminal proceedings. 

What types of assets can be involved?

Cash, vehicles, real property, and other tangible or intangible property can be involved in a civil forfeiture case.

Why should I contact a lawyer quickly?

Deadlines vary between procedures, and early advice may help preserve evidence related to ownership, legitimate use, or source of funds. 

Speak to an Asset Forfeiture Lawyer Today

An asset seizure doesn’t automatically determine the outcome. The evidence, connection to unlawful activity, ownership interests, and applicable process all matter. 

If your property has been seized or you have received notice of a civil forfeiture proceeding, legal advice is key. Contact Basra Law Group at 604-560-0016 to schedule a consultation with a civil forfeiture lawyer serving Surrey and the Lower Mainland.