Difference In “Election of Proceedings” vs. “Seized Asset Claim” Forms By Asset Forfeiture Law Firm
Administrative or Court Action. Simply put, those are the options explained in your “Notice of Seizure And Information To Claimants CAFRA FORM” letter that you receive about 30 days after your vehicle, cash, or property is seized. For 30 years I have seen too many claimants give up because they think the towing and storage fees will be too much. Why? Because we have heard about DUI fees. I can tell you seizure cases are cheap compared to DUI. For Example, a recent client paid about $787.00 for fees on a 2019 Ford Expedition after 90 days. So my advice is “don’t give your vehicle away for fees” it will be less than you think.
Whatever fees, our goal is ALWAYS to get your vehicle or property back asap. We always give it to you straight, although there are no guarantees, We advise you what we have seen over 30 years doing this. Most clients wait until they receive the seizure letter, although we can start almost immediately if you have a receipt for property seized.
Your letter from the Asset Forfeiture office of the U.S. Border Patrol, Customs, or USPIS is usually when we get called. The easiest way to understand your options or election of proceedings form is the first three: 1. Petition, 2. Offer in Compromise, and 3. Abandon is administrative and sent to the black hole or abyss of administrative review. We artfully draft a petition, but we have no ability to contact the committee that reviews your case. We wait about 30 days to get an answer and we have done very well (about 99%) over the years if we take the case.
The last option numbered 4.” Claim” sometimes referred to as “Court Action” (which is NOT criminal court, but seems designed to scare!) If we file a claim or a petition on our client’s behalf, it is under penalty of perjury. The United States Attorney has 90 days to decide if they are going to file a civil action against the property like “United States v. 2015 Chevy Malibu.” However, before that 90 day starts racking up storage fees, we call the United States Attorneys office. It states in their manual that they should evaluate if it is a waste of time. For instance, we might argue there is an innocent owner or a bank lien against the vehicle and it will not be worth the time and expense to prosecute the case. Simply put, we have the opportunity to pick up the phone and call the Asset Forfeiture Unit of the United States Attorney and gently make the argument to let it go.
As I state in the video, Petitions can be very, very effective and we have had more vehicles returned with Petitions than any other means. But times change and lately, we have been successful in making a verified claim on behalf of my clients. Generally, our firm charges a flat fee for filing an administrative petition and a contingency fee, if we file a verified claim (which is more common with currency because more work is involved with litigation.) Call us for a free telephone consultation. We offer payment plans on our flat fees. And my wife says I am the only lawyer who still barters for fees (like my grandfather in the great depression, I took a nice watch for fees once). One thing for sure is that we work hard for our clients!
Look us up at www.SanDiegoDefenders.com or call (619) 258-8888 to speak with supervising attorney Daniel Smith.
By Daniel Smith, San Diego Defenders, APC
