To respond to CBP Form 5955A, identify whether the notice covers a seizure, a monetary penalty, or a liquidated damages claim; then file the response you choose on the Election of Proceedings section with the Fines, Penalties, and Forfeitures (FP&F) office listed on the notice, by the deadline printed there. The form’s official title shifts with the context — it may read “Notice of Penalty or Liquidated Damages Incurred and Demand for Payment” or accompany a “Notice of Seizure and Intent to Forfeit.”1Federal Register. Announcement of the National Customs Automation Program Test Concerning the Electronic Issuance of Demands on Surety Which version you got controls both your deadline and the options available to you.
Figure Out Which Action CBP Has Taken
Read the notice for three signals before doing anything else.
- Seizure and intent to forfeit. CBP has physically taken merchandise, a vehicle, or currency. The notice includes a seizure number and a description of the items.
- Monetary penalty. CBP is demanding payment for a customs violation such as failing to declare goods or misclassifying imports. Nothing was necessarily seized, but a dollar amount is owed.
- Liquidated damages. A surety bond obligation was breached — for example, an importer failed to redeliver merchandise or violated a condition of entry — and CBP is demanding payment against the bond.2U.S. Customs and Border Protection. What Are U.S. Customs and Border Protection (CBP) Liquidated Damages?
If the notice lists specific items and references forfeiture, you have a seizure. If it cites a penalty statute and a dollar amount, you have a penalty or liquidated damages case. The distinction sets your deadline and shapes which boxes on the Election of Proceedings make sense.
Know Your Deadline
The date on the notice is the trigger. Count from it:
- Seizure, petition for relief: 30 days from the date CBP mailed the notice of seizure.3eCFR. 19 CFR 171.2 – Filing a Petition
- Penalty or liquidated damages, petition for relief: 60 days from the date CBP mailed the penalty notice.3eCFR. 19 CFR 171.2 – Filing a Petition
- Seizure, judicial forfeiture claim under CAFRA: 35 days from the date the notice of seizure was mailed.4Federal Register. New Publication Timeline for the Notice of Seizure and Intent to Forfeit
- Seizure, judicial forfeiture claim in non-CAFRA customs cases: 20 days from the date of first publication of the seizure notice.5eCFR. 19 CFR 162.47 – Claim for Property Subject to Summary Forfeiture
If fewer than 180 days remain on the statute of limitations, the FP&F Officer can shorten the response window to as little as seven working days.3eCFR. 19 CFR 171.2 – Filing a Petition Treat the deadline as immovable. If you cannot meet it, ask the FP&F office in writing whether an extension is available before it passes.
Pick Your Response on the Election of Proceedings
Four options sit on the form. Each one goes somewhere different.
Petition for Relief
The most common choice. You ask CBP to cancel the penalty, reduce it, or return the seized property based on the circumstances. CBP has broad authority under 19 U.S.C. § 1618 to grant relief when the violation happened without willful negligence or intent to defraud.6Office of the Law Revision Counsel. 19 USC 1618 – Remission or Mitigation of Penalties
No specific format is required. A letter works. Include a description of the property (for seizures), the date and place of the violation, the facts supporting your request, and proof that you have a legitimate interest in any seized items.7U.S. Customs and Border Protection. Customs Administrative Enforcement Process: Fines, Penalties, Forfeitures and Liquidated Damages Attach receipts, bills of lading, import records, or anything else that documents ownership and the circumstances. The petition must be signed by you, your attorney, or a licensed customs broker.
Offer in Compromise
You propose a specific dollar amount to settle the case. CBP evaluates the offer based on your ability to pay and on how strong the agency’s case would be at trial.7U.S. Customs and Border Protection. Customs Administrative Enforcement Process: Fines, Penalties, Forfeitures and Liquidated Damages Send a written explanation of why the amount is reasonable, along with financial documentation.
Abandonment
You give up all rights to the seized items and let the government dispose of them. Your involvement in that property ends. Owners typically choose this when the cost of fighting exceeds the value of the goods, or when the items cannot be lawfully imported.
Claim for Judicial Forfeiture
This moves the dispute out of CBP’s administrative process and into a U.S. District Court. FP&F transfers the file to the U.S. Attorney’s Office, which initiates a civil forfeiture lawsuit.
Whether you must post a bond depends on the seizure category. Under the Civil Asset Forfeiture Reform Act, most seizures tied to controlled substances, money laundering, and other federal criminal statutes require no bond.8Office of the Law Revision Counsel. 18 USC 983 – General Rules for Civil Forfeiture Proceedings For non-CAFRA customs seizures under Title 19, you must post a cost bond of $5,000 or 10 percent of the property’s value, whichever is lower, with a $250 floor.9Office of the Law Revision Counsel. 19 USC 1608 – Seizure; Claims; Judicial Condemnation The FP&F Officer can waive the bond upon proof of financial hardship.5eCFR. 19 CFR 162.47 – Claim for Property Subject to Summary Forfeiture
A CAFRA claim must be in writing, made under oath subject to penalty of perjury, identify the specific property, and state your interest in it. If a claim does not meet those requirements, CBP treats it as an administrative petition for relief instead.7U.S. Customs and Border Protection. Customs Administrative Enforcement Process: Fines, Penalties, Forfeitures and Liquidated Damages
How to File Your Response
Two methods are available: mail or CBP’s ePetition portal.
By Mail
Send the completed Election of Proceedings form and your supporting documents to the FP&F office address printed on your notice. Each port runs its own FP&F office, so there is no single national address. Use certified mail with return receipt requested; the green card is your proof of timely filing if a deadline dispute later arises. Staple the Election of Proceedings to the front of the package so it does not get separated during intake.
Through the ePetition Portal
CBP’s ePetition system at epet.cbp.dhs.gov accepts petitions for relief electronically.10U.S. Customs and Border Protection. ePetition For a penalty or liquidated damages case, enter your contact information, the date and place of the violation, and the facts justifying cancellation or reduction. For a seizure, also explain your interest in the property and upload a signed Election of Proceedings. Filing electronically means you agree to receive CBP’s decision by email.
What Happens After You File
The assigned FP&F Officer reviews your submission, the violation report, and whatever election you chose. CBP does not publish a guaranteed turnaround; expect several weeks to a few months depending on case complexity and the port’s workload. A decision letter follows and will grant your petition in full, grant it partially with a reduced penalty or partial return of property, deny it, or request more documentation. If CBP asks for additional information, respond quickly.
If you filed a claim for judicial forfeiture, FP&F does not decide the case. It transfers the file to the U.S. Attorney’s Office in the district where the seizure occurred, and the government files a civil forfeiture lawsuit. At that point the case is litigation, and representation by an attorney is usually necessary.
If the Decision Is Unfavorable: Supplemental Petition
You can ask CBP to reconsider by filing a supplemental petition within 60 days of the decision notice, unless the letter specifies a different deadline.11GovInfo. 19 CFR 172.41 – Supplemental Petitions Paying the mitigated amount from the first decision does not waive your right to seek further relief.
Send the supplemental petition to the same FP&F Officer at the port where the violation occurred. If that officer declines further relief, the petition moves to a designated CBP Headquarters official. When Headquarters made the original decision, the supplemental petition goes to the Director of the Border Security and Trade Compliance Division for a final determination.12GovInfo. 19 CFR 172.42 – Review and Decision If less than a year remains on the statute of limitations, CBP may require a signed waiver extending it before accepting the supplemental petition.
What Happens If You Do Not Respond
Missing the deadline is the worst outcome. On a seizure, if no claim or petition is filed within the allowed time, CBP declares the property forfeited and sells it at public auction.13Office of the Law Revision Counsel. 19 USC 1609 – Seizure; Summary Forfeiture and Sale No second chance, no extension, no appeal once forfeiture is final.
On a penalty or liquidated damages case, silence or non-payment sends the claim to CBP’s Office of Chief Counsel, which prepares it for collection through the Department of Justice.7U.S. Customs and Border Protection. Customs Administrative Enforcement Process: Fines, Penalties, Forfeitures and Liquidated Damages From there the government can pursue the debt in federal court, and both the cost and the complexity of resolving the matter climb sharply.