To file a claim opposing forfeiture, send the seizing federal agency a signed, sworn written statement that identifies the property, states your interest in it, and references the case number from your notice, and get it there by the deadline printed on that notice. That deadline is at least 35 days after the date the notice letter was mailed. A timely claim takes the case away from the agency and forces the government to justify the seizure in federal court, where it carries the burden of proof.
What Your Claim Must Include
A forfeiture claim does not have to follow a specific form, but federal law requires it to identify the specific property being claimed and to state your interest in it.1Office of the Law Revision Counsel. 18 US Code 983 – General Rules for Civil Forfeiture Proceedings For a vehicle, that means the make, model, year, and VIN. For currency, list the exact amount seized. Include the date and location of the seizure and the case or file number from your notice.
State your interest plainly: owner, co-owner, lienholder, or something else. The law says you should provide customary documentary evidence of your interest if it is available, but you do not need to attach every supporting document to the initial claim.2U.S. Department of Justice. Public Law 106-185 – Civil Asset Forfeiture Reform Act of 2000 Still, gather it now: title, deed, bank statements showing the source of funds, receipts, loan documents. If the case moves to court, you will need it.
The claim must be made under oath, subject to the penalty of perjury.3Forfeiture.gov. How to File a Claim Opposing Forfeiture Filing a claim that contains false information is a federal crime under the false statements statute, carrying up to five years in prison.4Office of the Law Revision Counsel. 18 US Code 1001 – Statements or Entries Generally Be accurate about who you are and what you own.
Where and How to Send It
Send the signed claim to the seizing agency at the address in your notice. Use certified mail with return receipt requested, or another method that produces proof of receipt. The date the agency receives the claim is the date it counts as filed, so do not mail it on the last day and hope for the best.
Several federal agencies also accept electronic filing through forfeiture.gov, and your notice may include an ID number for the online system.5Forfeiture.gov. Home If you cannot locate the asset online, file in writing instead. Once you file electronically, any changes have to be submitted in writing to the agency.6Forfeiture.gov. Petition Information
You do not have to post money to file. The Civil Asset Forfeiture Reform Act of 2000 eliminated the cost bond requirement for nearly all federal civil forfeitures, with a narrow exception for certain customs forfeitures under the Tariff Act of 1930.7Department of the Treasury. Directive No. 11 – Processing Cost Bonds
The Deadline
The deadline is printed on the notice you receive from the seizing agency, and by law it cannot be earlier than 35 days after the date the letter was mailed.1Office of the Law Revision Counsel. 18 US Code 983 – General Rules for Civil Forfeiture Proceedings The agency has to send that written notice as soon as practicable and no later than 60 days after the seizure.8US Department of the Treasury. 18 USC 983 – General Rules for Civil Forfeiture Proceedings
If the personal notice never reaches you, there is a backup: you can file within 30 days after the final publication of the seizure notice on the government’s forfeiture website. Checking forfeiture.gov after a seizure is a good habit in case the mail goes wrong.
h2>Do Not Confuse a Claim With a Petition for Remission
After a forfeiture notice, you have two very different options, and picking the wrong one can cost you the property. A claim forces the case into federal court. A petition for remission or mitigation asks the seizing agency itself to give some or all of the property back as a matter of discretion.
When you file a petition for remission, the official reviewing it presumes the forfeiture is valid and does not consider whether the evidence supports the seizure.9eCFR. 28 CFR Part 9 – Regulations Governing the Remission or Mitigation of Civil and Criminal Forfeitures You are asking for mercy, not challenging the government’s authority. A claim strips the agency of that authority and puts the case in front of a federal judge. You can file both at the same time, but if your goal is to contest the legality of the seizure, the claim is what protects your rights.6Forfeiture.gov. Petition Information
What Happens After the Agency Receives Your Claim
A timely claim ends the administrative forfeiture. The agency can no longer keep the property on its own authority and must forward the claim to the U.S. Attorney’s Office.3Forfeiture.gov. How to File a Claim Opposing Forfeiture From there, the government has two options: return the property or file a formal civil forfeiture complaint in U.S. District Court.
The government has 90 days from the filing of your claim to file that complaint. If it misses the window, it must return the property, though a court can extend the deadline for good cause.8US Department of the Treasury. 18 USC 983 – General Rules for Civil Forfeiture Proceedings
Your Steps in Court
If the government files a complaint, you are served with it and then face two more deadlines. You must file a claim with the court asserting your interest in the property within 30 days after being served.1Office of the Law Revision Counsel. 18 US Code 983 – General Rules for Civil Forfeiture Proceedings You must then file an answer to the complaint within 21 days after filing that claim.10Legal Information Institute. Rule G – Forfeiture Actions in Rem The case then proceeds like any civil lawsuit, with discovery and possibly trial.
Who Has to Prove What
In court, the government carries the burden of proof, not you. It must show by a preponderance of the evidence that the property is subject to forfeiture, and if the theory is that the property was used to commit or facilitate a crime, it must also establish a substantial connection between the property and the offense.11Office of the Law Revision Counsel. 18 USC 983 – General Rules for Civil Forfeiture Proceedings Preponderance means more likely than not. That is a lower bar than the criminal standard, but it still demands real evidence.
Even if the government meets that burden, you can still recover the property by proving you are an innocent owner. If you owned the property when the illegal conduct occurred, you qualify by showing you either did not know about the conduct or, once you learned of it, did everything reasonably within your power to stop it. The statute does not require steps that would put you or others in physical danger. If you acquired the property after the conduct, you qualify as a good-faith purchaser who paid fair value and had no reason to believe the property was subject to forfeiture. You must prove innocent ownership by a preponderance of the evidence, so bank records, communications, and purchase documents matter.1Office of the Law Revision Counsel. 18 US Code 983 – General Rules for Civil Forfeiture Proceedings
If You Never Received the Notice
If you missed the deadline because you never got the notice, federal law lets you file a motion to set aside the forfeiture. You must show the government knew or should have known about your interest and failed to take reasonable steps to notify you, and that you did not learn of the seizure in time to file. You have up to five years from the date of final publication of the seizure notice to bring the motion. If the court grants it, the forfeiture is set aside as to your interest, though the government can start a new forfeiture proceeding.11Office of the Law Revision Counsel. 18 USC 983 – General Rules for Civil Forfeiture Proceedings This motion is the exclusive remedy for challenging a completed administrative forfeiture.
If you received the notice and simply missed the deadline, the law offers no comparable relief. Treat the date on your notice as absolute.
Getting a Lawyer
Civil forfeiture cases have no automatic right to appointed counsel, but two situations trigger help. If you already have a court-appointed attorney in a related criminal case, the court may authorize that same attorney to represent you in the forfeiture proceeding, considering whether your claim appears to be in good faith and whether you have standing. If the seized property is real estate that serves as your primary residence, the court must ensure you are represented by an attorney from the Legal Services Corporation.1Office of the Law Revision Counsel. 18 US Code 983 – General Rules for Civil Forfeiture Proceedings
For everyone else, hiring a lawyer is on you. The deadlines are strict, the government’s forfeiture attorneys are experienced, and mistakes in discovery or at trial are hard to undo. If you can afford counsel, this is a case where it matters.