Top Ten Things to Know About Getting Your Vehicle Back After a CBP Seizure
U.S. Customs and Border Protection (CBP) can seize a vehicle under various circumstances. For example, CBP can seize a vehicle if it’s suspected of being used in connection with the illegal transportation of contraband, such as illegal drugs or smuggled goods, or if it’s involved in other illegal activities related to customs and border enforcement. Seizures can also occur if a vehicle is found to be in violation of customs laws, import regulations, or if it is suspected of being stolen or used for illegal immigration purposes.
When CBP seizes a vehicle, it typically follows a legal process that involves providing notice to the owner and affording them an opportunity to contest the seizure through administrative or judicial proceedings. The specifics of the seizure process, including the grounds for seizure and the procedures for contesting it, can be complex and intimidating for those involved in a car seizure.
If you are currently facing a CBP vehicle seizure, do not wait to take action. Call San Diego Defenders at (619) 258-8888 for a free, confidential consultation. Attorney Dan Smith has over 35 years of experience in federal defense, and we will fight for you! See our successful cases and recent results here.
Here are the top 10 things to know about getting your vehicle back after a CBP Seizure:
1. CBP can seize your vehicle when there is some evidence that you may have violated federal law.
This is under 18 USC § 983, and CBP will seize the vehicle even if they cannot prove the crime. The vehicle can be forfeited, then auctioned.
2. CBP has 30 to 60 days to send you a Notice of Seizure and Information to Claimants CAFRA form.
The letter has four pages, an additional four pages of forms (Election of Proceedings), and is very confusing. You will notice the first choice on the Election of Proceedings form is to file a Petition, which is the best option for CBP because there is no time limit for a response. They can keep your vehicle longer while it accrues more towing and storage fees. You will also notice the fourth choice is a claim that CBP refers the case for court action. While this intimidates most Claimants, it is the only option that forces CBP to respond within a time limit. CBP does not want to litigate with San Diego Defenders after filing a claim and generally settles with our attorney. Claimants can get their vehicle back and historically spend less money.
3. PLEASE DO NOT ask CBP for advice or take legal advice from CBP.
They are NOT your friend. CBP thinks you may have committed a crime, and they might sell your vehicle and keep the money. CBP will give you advice that makes it easier to forfeit and sell your car at auction.
CBP cannot lawfully give legal advice (they are not lawyers and want your vehicle). When you call the CBP office, the most common CBP advice they give is recommending you to file a Petition.
4. Do NOT file a petition on your own.
Although Border Patrol agents advise you to file a petition, one reason you should NOT do this is that vehicle owners tend to write things in the Petition that make it easier for CBP to forfeit your vehicle after you submit under penalty of perjury. There are no take-backs allowed!
The most important reason NOT to file a Petition is that there is no time limit for the CBP to make a decision. This means it could take months before they deny your petition or ask for a huge fine and fees for towing and storage.
5. A denied petition will make it harder to get your vehicle back from CBP.
We receive many calls where the client files a petition on their own, gets denied months later, then files an appeal (requiring new information), and then gets denied again.
After that happens, San Diego Defenders will NOT take the case because we only take cases we feel we can win and get the vehicle returned.
6. You can get your vehicle back REGARDLESS of immigration status.
Many clients do not have immigration papers or are working on citizenship, and think that attempting to get their vehicle back will result in deportation, which San Diego Defenders has NEVER had happen to a client. We use the US Constitution to protect our clients and have NOT had any issues in the past. We pledge to keep that record intact.
7. San Diego Defenders can help you get your seized vehicle back from CBP in any state.
San Diego Defenders successfully represents clients in the San Diego Sector, but has also represented many cases in Arizona, Texas, and many other states. San Diego Forfeiture was founded by a 35-year veteran federal defense attorney Daniel Smith, and offers payment plans, which save clients money and time in getting their vehicle returned. We speak Spanish and handle 99.9% of cases by email and phone conversations. We also have reviews by clients that match almost all situations you may face.
8. It is best to speak to a lawyer who specializes in forfeitures.
CBP officers and CBP employees are not attorneys and are not instructed to give legal advice. They tend to give incorrect advice with good intent, but CBP employees and officers or agents are not trained in law school and the statutes governing federal seizure and forfeiture.
Also, many lawyers are not familiar with seizure law, so it is best to speak to a lawyer from a law firm that emphasizes the practice of law in this specialized area. San Diego Defenders has well-rounded experience in seizure law. Speak to us today at (619) 258-8888 for a free, confidential consultation.
9. Laws governing property seizure are complicated.
Virtually all vehicle seizures fall under federal law, which is much more complicated than the impoundment of a vehicle under state laws. The rare exception occurs at a Port of Entry if Customs officers order the vehicle towed, but a formal seizure is not ordered.
Federal laws governing seizure and forfeiture date back to maritime law before the United States was formed and can be very confusing to most, including other lawyers who are not familiar with seizure and forfeiture.
10. Calling San Diego Defenders is a friendly experience.
We are affordable and end up saving clients money and time when they do not have their vehicle. We do not take vehicle forfeiture cases that we think we cannot win, which is supported by our record and reviews. We are a small but well-known office by U.S. Customs and Border Protection. We believe we can get vehicles returned to virtually all clients, so call us and let us explain how our system can make your experience stress-free. We are a law firm with the experience and reputation to help you. Call us at (619) 258-8888 for a free and confidential consultation.
