I have an attorney trying to utilize normal civil law defenses in an asset forfeiture case. I seem to remember a case that states regular civil law defenses do not apply in these type of cases. Of course, I can't find it. Anyone have it off the top of your head?

What kinds of regular civil law defenses are being raised?

Estoppel, contributory negligence. I know, to me they don't even apply but I would like some back up.

The general rule is that common law defenses do not apply to purely statutory causes of action. I don't know of anything on Chapter 59 in particular, but here's a snippet from a recent case that may head you down the right road:

Wyeth-Ayerst Laboratories Co. v. Medrano
28 S.W.3d 87
Tex.App.-Texarkana,2000.

quote:

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It is undisputed that common-law defenses may not be applied to causes of action under the DTPA.
In Smith v. Baldwin, 611 S.W.2d 611 (Tex.1981), the Texas Supreme Court ruled that because a DTPA cause of action is specifically created by statute, only the defenses set forth in the statute apply. The Court reasoned that common-law defenses to the traditional tort and contract causes of action are not material in DTPA cases because the DTPA is not a codification of common law, but rather a statutory creation.

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As to estoppel, it's inapplicable against a governmental entity acting in its governmental capacity. City of Hutchins v. Prasifka, 450 S.W.2d 829, 835 (Tex. 1970). The same is true of laches. Crain v. Unauthorized Practice of Law Comm. of Sup. Ct. of Tex., 11 S.W.3d 328, 334 (Tex. App.--Houston [1st Dist.] 1999, pet. denied), cert. denied, 532 U.S. 1067 (2001).