How Can a CBP Asset Forfeiture Lawyer Get My Property Back?
Here at San Diego Defenders—Forfeiture Law Firm, we understand that having your property taken by CBP is a highly stressful and difficult situation. A CBP asset forfeiture lawyer can help— our Supervising Attorney, Daniel Smith, has 35 years of experience in federal defense.
Our mission and top priority is to help clients get their seized cars, trucks, cash, and other property back from CBP at a low cost and as quickly as possible.
Just in money seizures alone, the US Border Patrol and Office of Field Operations seized $155.9 million worth of cash currency and other monetary instruments at typical border crossings between the 2022 and 2024 Fiscal Years.
That figure for seized currency increases by hundreds of millions when accounting for the appraised value of cars, trucks, and other additional assets that CBP also seized during that time frame.
Overall, the U.S. government seizes approximately $1.6 billion per year, according to the latest figures.
Here’s what an experienced CBP asset forfeiture lawyer at San Diego Defenders – Forfeiture Law Firm can do for you:
An Attorney Can File a Claim For You
Firstly, U.S. Customs and Border Protection (CBP) sends all asset owners a nine-page Notice of Seizure and Information to Claimants CAFRA Form via certified mail after seizing your property.
This letter typically arrives 3-4 weeks after taking your assets, but CBP has 30 to 60 days to send it.
Further, this Notice of Seizure (NOS) letter includes an Election of Proceedings Form outlining your options to get your property back.
We recommend filing a claim through an attorney, which is option number 4 on your Election of Proceedings: “I am filing a claim and requesting that CBP refer the case for court action.”
It sounds frightening, but it puts a 90-day time limit on CBP to respond, while petitions and offers in compromise (two other options on your Election of Proceedings) have no time limit to respond.
This is possible under 19 CFR § 162.94, which states, “any person claiming property seized by Customs in a non-judicial civil forfeiture proceeding may file a claim with the appropriate Fines, Penalties, and Forfeitures Officer.”
Further, the claim must be filed within 35 days with U.S. Customs and Border Protection’s Fines, Penalties, and Forfeitures office.
However, it is essential not to wait until the last minute to file a claim. The claim must be on the agency office’s desk ON the 35-day mark.
We cannot prepare and mail the claim on the 35th day, as it will not arrive on time.
This will cause your vehicle or currency to be forfeited and lost to the federal government.
Don’t wait. Call our office today at (619) 258-8888 for a free, confidential consultation!
Se habla Español.
What About Filing a Petition?
Per 19 CFR § 171.2, you can submit a petition, but it must be filed within 30 days of the date printed on your Notice of Seizure letter with CBP’s Fines, Penalties, and Forfeitures office.
This is option number 1 on your Election of Proceedings Form, “I request that CBP consider my petition administratively before forfeiture proceedings are initiated.”
However, we do not recommend that people file petitions on their own.
When you file a claim, there is a 90-day limit to receive a response from U.S Customs and Border Protection, but when you file a petition, there is no limit on how long CBP can take to respond to you. It is indefinite.
Your petition can sit on a CBP officer’s desk for months without a response.
One of our previous clients received a denied petition to get their seized 2018 Toyota Camry back after waiting for a response from CBP for 10 months.
This means they were still responsible for paying daily towing and storage fees and monthly car payments while not having any access to their vehicle.
Importantly, we got this client their 2018 Toyota Camry back!
However, the process was much longer, and the fees were much higher than necessary because of the petition.
Click here to watch Attorney Dan Smith explain how much time, money, and due process it will cost if your petition is denied.
Additionally, people tend to include incriminating information under penalty of perjury in their petitions that jeopardize their ability to get their property back.
We recommend speaking to an experienced, trustworthy CBP asset forfeiture lawyer before taking any course of action outlined in the Election of Proceedings form.
Call San Diego Defenders – Forfeiture Law Firm at (619) 258-8888!
Attorney Dan Smith, with 35 years of experience in federal defense, will speak to you for a free, confidential consultation. Se habla Español.
Our office is located near the U.S.-Mexico border in Chula Vista, California, but we handle CBP asset forfeiture cases in Arizona, Texas, Florida, Vermont, Washington, Michigan, and any of the other 50 states!
We handle any property, including but not limited to cars, trucks, cash, and more.
Don’t wait; take action before your belongings are forfeited to the U.S. government forever!
