Three years after Tamia Sims-Irby says she was pistol-whipped and stabbed while being robbed in Atlanta, the South Carolina woman has finally recovered most of the stolen money from Greenville police, who kept it under lock and key.
“I’m super happy,” she told Fox Carolina in a story published Nov. 6. (1) “I never want to go through this again and I don’t even wish this on my worst enemy.”
Sims-Irby was 18 years old at the time of the attack, and had been trying for years to get the $20,000 taken from her on the night in question. (2)
According to the local broadcaster, the cash was being held by police in Greenville, where the robbery suspects were arrested. Despite a guilty plea from one of the men, Sims-Irby says the authorities wouldn’t return her money. She filed a civil lawsuit in April to get it back.
What happened to the money?
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 Sims-Irby gained the large sum of cash. (3) 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 Sims-Irby’s lawsuit, obtained by the Black Star, he admitted in court the money belonged to her.
But she never got the money back. Sims-Irby told Fox Carolina she spent years demanding answers from Greenville police with little results. Legal analyst Grant Varner explained to the broadcaster that such cases may not be as clear-cut as they seem.
“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,’” he said.
After several attempts to recover the money, Sims-Irby filed a lawsuit. The case ended with a mutual agreement between her legal team and the city, which cut her a check, while the police department was dismissed from the case, reports Fox Carolina. Unfortunately for Sims-Irby, about 40% of the money went toward covering legal fees.
“It’s still not kind of a win because I have to pay out something that’s mine and it was just like a big waste of time,” Sims-Irby said.
Must Read
- Dave Ramsey warns nearly 50% of Americans are making 1 big Social Security mistake — here’s what it is and the simple steps to fix it ASAP
- Robert Kiyosaki begs investors not to miss this ‘explosion’ — says this 1 asset will surge 400% in a year
- Vanguard reveals what could be coming for U.S. stocks, and it’s raising alarm bells for retirees. Here’s why and how to protect yourself
Join 250,000+ readers and get Moneywise’s best stories and exclusive interviews first — clear insights curated and delivered weekly. Subscribe now.
What to do if police are holding your property
In some cases, law enforcement might use a tool known as civil forfeiture 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 tried to formally keep the money under forfeiture laws. Fox Carolina says Greenville police declined to comment on the money while the lawsuit was ongoing. However, after the agreement, the city told the broadcaster that police were not holding onto the cash as evidence, but rather for safekeeping until the courts decided on a rightful owner.
Either way, under the circumstances, Sims-Irby felt the best way to get her money back was to a file 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.
- Hire an attorney: Especially if the value is high, a civil lawsuit may be your only path to recovery.
- Support your case: Gather any documents or witness testimony that can verify the origin of the seized property.
- Know your rights: Timelines and procedures for returning property may vary by state.
Beware, the cost of recovering any money can potentially be greater than the amount lost. In 2021, a Georgia man had $8,000 in cash seized by authorities after he was stopped at Hartsfield-Jackson Atlanta International Airport, despite no charges being laid, according to Channel 2 Action News. (4) He successfully challenged the seizure, but it cost him $15,000 in legal fees. It wasn’t until this past August a federal appeals court ruled the government had to pay his legal fees as well.
Article sources
We rely only on vetted sources and credible third-party reporting. For details, see our editorial ethics and guidelines.
Fox Carolina (1), (2); Atlanta Black Star (3); Channel 2 Action News (4)
You May Also Like
- Turning 50 with $0 saved for retirement? Most people don’t realize they’re actually just entering their prime earning decade. Here are 6 ways to catch up fast
- This 20-year-old lotto winner refused $1M in cash and chose $1,000/week for life. Now she’s getting slammed for it. Which option would you pick?
- Warren Buffett used these 8 repeatable money rules to turn $9,800 into a $150B fortune. Start using them today to get rich (and stay rich)
- Here are 5 easy ways to own multiple properties like Bezos and Beyoncé. You can start with $10 (and no, you don’t have to manage a single thing)
Danielle is a personal finance writer based in Ohio. Her work has appeared in numerous publications including Motley Fool and Business Insider. She believes financial literacy key to helping people build a life they love.
