Customs Notice of Seizure Letter Says Send CBP Certified Check for APV Value To Return Car?
Our San Diego Defenders’ Forfeiture Law Firm gets calls every week. “The Customs letter says I just have to pay the APV value of the vehicle and I can get it back this weekend, right”? That can be a LOT of money! Sadly, I can say after 31 years of helping clients fight the forfeiture proceeding under 19 USC § 1614 that I have never seen that work. Does not mean it could not, but once Customs has your money, it is very hard to get it back. As for releasing your car, I have never seen that happen by sending a cashier’s check. Usually, the check is received and Customs sends the petition to be reviewed…. for a long time. If they ever decided to release the car (never have seen that happen) then Apple Towing (who has the master contract) would still want towing and storage.
Then what happens to your money? The Customs letter says they will return the check if they deny the petition. And round and round you go. Well don’t blame the messengers (www.SanDiegoDefenders.com) and don’t blame the US Customs paralegals or staff. Take a look in the mirror because you thought that you were so clever (and extremely intelligent) that you understood all the law crammed into the Notice of Seizure and Information to Claimants CAFRA FORM. Www.forfeiture.gov will tell you that you don’t need a lawyer (just like in the movies – “why do you need a lawyer, kid, if you are innocent?” and we know that is a tactic to deny us of our Constitutional Rights…
Call us at 619-258-8888 and we will explain your options. We understand the complications of forfeiture law, the election of proceedings and we fill all the legal papers for a flat fee (towing and storage is negotiated to as little as $5.00 to $10.00 a day). Our clients get to know the entire team of Attorneys Daniel Smith and Jon Pettis; Paralegals Layla Smith and Ashley Ortega. We tell it like it is and we do not pressure you. Call today at (619) 258-8888 and leave a message if it is after hours. We can help!