Civil Asset Forfeiture in Texas
Civil Asset Forfeiture in Texas: How Your Company Could Be at Risk—and How a Law Firm Can Help
Imagine this: one day your business bank accounts are frozen. Your delivery vehicles are seized during a routine stop. Your company’s equipment is confiscated by law enforcement. And you haven’t even been charged with a crime. This is not a hypothetical scenario. It happens every day across Texas under a process known as civil asset forfeiture. Law enforcement can seize property that they suspect was used in—or obtained through—criminal activity. And they can do it without charging anyone with a crime, and without the normal protections you might expect in the criminal justice system.
For businesses, the stakes couldn’t be higher. Civil asset forfeiture can disrupt operations, damage your reputation, and drain your resources as you fight to get your property back. The process is legally complex and often biased in favor of law enforcement. If your business has been targeted—or you want to be prepared—you need an experienced law firm on your side. Here’s what you need to know.
What Is Civil Asset Forfeiture in Texas?
Civil asset forfeiture allows Texas law enforcement agencies to seize money, property, vehicles, or other assets suspected of being connected to criminal activity. But it is important to understand that this is a civil process—not a criminal one. That means your property itself is "charged" in court. You may see a case titled State of Texas v. $25,000 in U.S. Currency or State of Texas v. 2022 Ford F-250. The government does not need to convict you or your business of a crime before moving to permanently take your assets. And because it is a civil process, you are not entitled to a public defender. The burden falls on you to prove that your property was not connected to illegal activity.
Why Is Civil Asset Forfeiture a Big Problem for Businesses?
Texas law makes it surprisingly easy for law enforcement to seize business assets. Police only need probable cause to believe your property is linked to a crime—not hard evidence, not a conviction, and not even an arrest. Once your property is seized, your business faces an uphill legal battle. The State merely has to show that it is more likely than not that your property was used in criminal activity. That’s a much lower standard than "beyond a reasonable doubt." Meanwhile, you must prove otherwise, often at great cost and inconvenience. Many businesses walk away because the legal fees and logistical headaches outweigh the value of the seized property. And to make matters worse, Texas law enforcement agencies keep a large percentage of the property they seize. This gives them a financial incentive to pursue forfeitures aggressively—even in cases where there is little or no actual criminal activity.
For businesses, the risks of civil asset forfeiture are very real. Here are just a few scenarios that commonly occur:
- Company vehicles seized during traffic stops.
- Business bank accounts frozen based on suspected financial crimes.
- Equipment and inventory seized during raids or inspections.
- Funds or goods confiscated while in transit.
In each case, the business faces not only the potential loss of property, but also disruption of operations, reputational harm, and significant legal costs.
How Texas Civil Asset Forfeiture Works
When Texas law enforcement seizes your property, they are not required to first file criminal charges or obtain a conviction. In fact, they are not even required to report what crime your property is allegedly connected to. The process typically starts with an initial seizure based on probable cause. This can happen during a routine traffic stop, a business inspection, or through investigations into your company’s finances.
Once your property is seized under the Texas Civil Asset Forfeiture:
- You will be notified of the forfeiture action.
- The State files a lawsuit against your property in civil court.
- You must file a legal response in time to contest the forfeiture.
- You must present evidence that your property was not involved in criminal activity.
If you fail to contest the seizure, or if you lose in court, the property will be permanently forfeited—and law enforcement may retain up to 100% of the proceeds and assets.
The civil forfeiture system in Texas is designed in a way that puts property owners and businesses at a significant disadvantage. First and foremost, the legal standard is low: the State must only show that it is more likely than not that your property was linked to a crime. This is much easier to prove than the criminal standard of "beyond a reasonable doubt." Second, you bear the burden of proof. You must demonstrate that your property was not involved in criminal activity. Without an experienced lawyer, this can be nearly impossible. Third, you are not entitled to court-appointed legal representation. Many businesses find that the cost of hiring an attorney exceeds the value of the seized property, leading to default judgments where the State automatically wins. Finally, forfeiture cases are often handled far from where your business is located, requiring time-consuming and costly travel to contest the seizure.
What Companies Should Do If Targeted with Civil Forfeiture
If your company is facing asset seizure in Texas, it is critical to act quickly and strategically. Here are key steps to take:
- Hire an experienced civil asset forfeiture attorney immediately. Time is of the essence, and the legal process is stacked against unrepresented property owners.
- Do not communicate with law enforcement without legal counsel. Anything you say can and will be used against you in court.
- Gather documentation. Proving the legitimate ownership and use of the seized property.
- File a legal response on time. To contest the forfeiture.
- Prepare for a civil court battle. And know that the State will be trying to keep your property.
Texas Civil Asset Forfeiture Code Sections
Art. 59.04. NOTIFICATION OF FORFEITURE PROCEEDING.
If your property has been seized by law enforcement, time is critical. Texas law requires the State to begin forfeiture proceedings within 30 days of the seizure. These proceedings officially start when the State files a notice of seizure and intended forfeiture with the district court, along with a sworn statement from the seizing officer. The State must then serve certified copies of this notice to both the property owner and any other interest holders, following the same procedures used in civil lawsuits. Our firm is here to act fast, protect your rights, and fight to recover what’s rightfully yours.
Art. 59.04. NOTIFICATION OF FORFEITURE PROCEEDING.
(a) If a peace officer seizes property under this chapter, the attorney representing the state shall commence proceedings under this section not later than the 30th day after the date of the seizure.
(b) A forfeiture proceeding commences under this chapter when the attorney representing the state files a notice of the seizure and intended forfeiture in the name of the state with the clerk of the district court in the county in which the seizure is made. The attorney representing the state must attach to the notice the peace officer's sworn statement under Article 59.03 of this code or, if the property has been seized under Article 59.12(b), the statement of the terms and amount of the depository account or inventory of assets provided by the regulated financial institution to the peace officer executing the warrant in the manner described by Article 59.12(b). Except as provided by Subsection (c) of this article, the attorney representing the state shall cause certified copies of the notice to be served on the following persons in the same manner as provided for the service of process by citation in civil cases:
(1) the owner of the property; and
(2) any interest holder in the property.
Art. 59.05. FORFEITURE HEARING.
Under Texas law, the State must prove by a preponderance of the evidence that the property is subject to forfeiture—even without a criminal conviction. Property owners can challenge these claims by showing evidence of dismissal or acquittal, which creates a legal presumption against forfeiture. The law treats forfeiture as a civil, remedial process—not a punishment—so courts must also protect the rights of anyone with a legitimate interest in the property. If you’re facing asset forfeiture, our attorneys are ready to advocate for your rights and fight for what’s yours.
Art. 59.05. FORFEITURE HEARING
(a) All parties must comply with the rules of pleading as required in civil suits.
(b) All cases under this chapter shall proceed to trial in the same manner as in other civil cases. The state has the burden of proving by a preponderance of the evidence that property is subject to forfeiture.
(d) A final conviction for an underlying offense is not a requirement for forfeiture under this chapter. An owner or interest holder may present evidence of a dismissal or acquittal of an underlying offense in a forfeiture proceeding, and evidence of an acquittal raises a presumption that the property or interest that is the subject of the hearing is nonforfeitable. This presumption can be rebutted by evidence that the owner or interest holder knew or should have known that the property was contraband.
(e) It is the intention of the legislature that asset forfeiture is remedial in nature and not a form of punishment. If the court finds that all or any part of the property is subject to forfeiture, the judge shall forfeit the property to the state, with the attorney representing the state as the agent for the state, except that if the court finds that the nonforfeitable interest of an interest holder in the property is valued in an amount greater than or substantially equal to the present value of the property, the court shall order the property released to the interest holder. If the court finds that the nonforfeitable interest of an interest holder is valued in an amount substantially less than the present value of the property and that the property is subject to forfeiture, the court shall order the property forfeited to the state with the attorney representing the state acting as the agent of the state, and making necessary orders to protect the nonforfeitable interest of the interest holder. On final judgment of forfeiture, the attorney representing the state shall dispose of the property in the manner required by Article 59.06 of this code.
Download the Texas Civil Asset Forfeiture Code Sections
Wilson Legal Group: Civil Forfeiture Lawyers
Looking for trial lawyers in the Dallas, Houston or Austin? Contact Wilson Legal Group!
At Wilson Legal Group, we believe that businesses deserve aggressive, knowledgeable, and business-savvy trial counsel. Whether you are proactively preventing civil forfeiture or actively engaged in civil forfeiture litigation our
Texas trial and litigation attorneys
are committed to protecting your rights!
Contact Us or Call 972-248-8080 for a Free Consultation!
Our firm has extensive experience representing businesses and individuals in Texas civil asset forfeiture cases. We understand the legal traps built into the process—and how to fight back effectively.
When you hire us, we will:
- Review the seizure and underlying facts
- Challenge the State’s evidence and legal arguments
- Comply with all required deadlines and procedures
- Represent you in court to fight for the return of your property
- Work to limit reputational and damage to your business
Frequently Asked Questions About Civil Asset Forfeiture in Texas
What is civil asset forfeiture?
Civil asset forfeiture is a legal process that allows law enforcement to seize money, property, or other assets they suspect are connected to criminal activity. In Texas, this can happen without a criminal conviction and without the property owner being charged with a crime.
How is civil asset forfeiture different from criminal forfeiture?
In criminal forfeiture, property is only seized after the owner is convicted of a crime. In civil forfeiture, the property itself is "charged" in civil court, and no criminal conviction is required to permanently seize it.
Can my company’s property be seized without notice?
Yes. In many cases, Texas law enforcement may seize property with little or no warning—often during traffic stops, business inspections, or as part of broader investigations. The owner is then notified through a civil forfeiture lawsuit.
What should my company do if our property is seized?
Contact an experienced civil asset forfeiture attorney immediately. The deadlines for contesting a forfeiture action are short, and the legal process is complex. Without swift legal action, your business could lose its property by default.
What are the legal risks for businesses in Texas?
Texas law allows property to be seized based only on probable cause—a very low legal standard. The burden then shifts to the property owner to prove the property was not connected to illegal activity. Many businesses lose property because they cannot afford to fight a lengthy court battle.
Why does law enforcement pursue civil forfeiture so aggressively?
Under Texas law, police departments can retain up to 100% of forfeited property in some cases. This creates a strong financial incentive to pursue seizures, even in cases where the evidence is weak.
How long does the civil forfeiture process take?
The timeline varies. Some forfeiture cases can be resolved in a few months, while others may drag on for a year or more—especially if the case goes to trial. Having experienced legal counsel can help speed the process and improve your chances of recovering your property.
What kinds of business property can be targeted?
Almost any business asset can be seized, including:
• Company vehicles
• Bank accounts and funds
• Equipment and machinery
• Inventory and goods
• Electronics and data storage
Can we get our property back?
Yes, but it is not automatic. You must contest the forfeiture in civil court and provide evidence showing that your property was not involved in criminal activity. A skilled attorney can greatly increase your chances of success.
Does my company need a lawyer to fight a forfeiture case?
Absolutely. Texas civil forfeiture laws are complex and heavily favor law enforcement. Without an experienced attorney, your business is at a significant disadvantage. In many cases, businesses that try to handle these cases alone end up losing their property.
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