March 14, 2006, 13:27
e sainzDoes anyone out there have a waiver of interest form?
I just got a call from a car rental place which I served as the registered owner of a car seized by cops with drugs in it. The rental place says they sold it at auction almost a year ago & claim no interest in it. Please e-mail me at ehernandez@wacounty.com if you have such a form.
Thanks for your help.
August 07, 2014, 16:19
e sainzEight years later, and the situation arises again. Does anyone have a waiver of interest form I could have? Please email me: e.sainz[at]wallercounty[dot]us
thanks!
August 07, 2014, 16:54
John GreenwoodWhy not just let them default?
August 08, 2014, 10:34
e sainzThis case I'm currently working on is not as simple as the rental car case. I am trying to avoid the need to get them served and speed up the process, if I can.
August 10, 2014, 20:35
John GreenwoodI think your out of luck.
59.03 (e) At any time before notice is filed under Article 59.04(b), an attorney representing the state may not request, require, or in any manner induce any person, including a person who asserts an interest in or right to property seized under this chapter, to execute a document purporting to waive the person's interest in or rights to the property.
August 11, 2014, 08:29
Mack T. HarrisonYou've already served the rental agency, right? If so, then they can certainly waive their interest in the property.
Seems to me you just need something from the rental agency stating that they sold the vehicle on whatever date to whomever, and they no longer have any interest in it.
For what it's worth, here's a letter a local agency received (unsolicited) after it seized a vehicle and served notice to the listed owner:
quote:
BEFORE ME, the undersigned, a Notary Public in and for said County, State of Texas, on this day personally appeared <NAME>, <ADDRESS>, to me well known, and who, after being by me duly sworn, deposes and says that this is in reference to the letter dated April <>, 2014 in reference to the 2001 Ford F-150 Pickup. I sold this pickup on March <>, 2014. I just signed the title and the person I sold it to did not give me his name. He said he was from <CITY>, Texas. He did give me his telephone number <>.
I do not have any interest in this vehicle.
I declare that the above statement is true and correct.
Signed by <NAME> and Notarized by <NOTARY> whose commission expires on 04-30-2017.
Maybe this can serve as a starting point.
August 14, 2014, 08:43
e sainzthanks Mack. It is a great jumping off point.