This woman claims she was attacked and robbed of $20K in Atlanta 3 years ago — and that the police are still keeping her cash in lockup. What to do if the cops hold your possessions hostage

Caught in legal limbo?

The Atlanta Black Star, reports that court records state Sims-Irby and a female friend drove from Greenville to Atlanta to work at a strip club, which is apparently how she gained the large sum of cash. The two women later met with four male acquaintances, who also drove in from Greenville, at a hotel parking lot. That’s when the robbery occurred.

Greenville police arrested one of the men, Tyjailon Smith, who had the money in his possession reports the Black Star. He was extradited to Georgia and in 2023 pleaded guilty to theft by taking. According to the lawsuit obtained by the Black Star, he admitted in court the money belonged to Sims-Irby.

So why hasn’t she gotten it back? Sims-Irby told Fox Carolina she’s spent years demanding answers from the Greenville Police Department with little results.

“All they’re doing is sending me out with a little card and phone numbers on the back,” she said. “I’m calling and it’s hard to reach out and I have to wait days later to get a phone call.”

But the case may not be as simple as it seems.

“It’s a unique case,” Fox Carolina’s legal analyst Grant Varner said. “The city of Greenville has an issue. Who do they return this cash to, and how do they get it back in the hands of the rightful owner? That’s difficult to determine, and certainly the city doesn’t want to be liable if they give the money back to Ms. Sims-Irby only for a couple of weeks later that someone comes along and says ‘that’s my money and I can prove it.’”

Another open question is why the money is in Greenville PD’s custody in the first place. The suspects were arrested in Greenville, but sent back to Atlanta to face charges.

“It’s possible Georgia said, ‘we don’t need it as evidence in the case,’” Varner explained. “But it could be the old colloquial ‘hot potato’ — where nobody wants to deal with it, there’s too many questions, and it’s somebody else’s problem.”

Despite the legal questions, Sims-Irby says she's not backing down.

“I’m not going to stop until I get my money because I don’t feel like I should be funding a police department,” she said.

Fox Carolina says it reached out to the Greenville police, but the agency declined to comment due to the lawsuit.

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What to do if police are holding your property

Civil forfeiture is a tool used by law enforcement to seize assets they suspect to be tied to criminal activity. Proponents say it’s an effective way to cut off criminals’ resources, while critics argue it can leave innocents empty-handed. There’s no indication in the reporting of Sims-Irby’s case the police have tried to formally keep the money under forfeiture laws. But under the circumstances, she felt her best option was to file a lawsuit.

If you believe law enforcement is improperly holding your property, here's what you can do:

• Ask for documentation: Request written confirmation of why your property is being held.
• Check court records: Find out if a forfeiture petition has been filed. If it has, you may have no legal recourse.
• Hire an attorney: Especially if the value is high, a civil lawsuit may be your only path to recovery.
• Know your rights: Timelines and procedures for returning property may vary by state.

As for Sims-Irby, the next step seems to be a court hearing. The lawsuit was filed on April 23 and Greenville police were served on May 13. They have 30 days to reply, and there has yet to be any follow-up reporting.