A Notice of Seizure and Information to Claimants marked non-CAFRA is the federal government’s formal announcement that it has taken your property under a statute that sits outside the Civil Asset Forfeiture Reform Act, and that it intends to keep the property permanently unless you act fast. In practice, that usually means a customs seizure under Title 19 or an IRS seizure. You typically have 35 calendar days from the date the notice was mailed to file a claim and post a cost bond. Miss that window and the property is forfeited administratively, without any court hearing.
Why the Non-CAFRA Label Changes Everything
CAFRA, passed in 2000, gave property owners real protections in federal civil forfeiture cases: the government carries the burden of proof, a statutory innocent-owner defense exists, and the government has 90 days to file a court complaint after a claim is filed. Those protections do not apply here. CAFRA explicitly excludes seizures under the Tariff Act of 1930 and other customs laws in Title 19, the Internal Revenue Code, the Federal Food Drug and Cosmetic Act, and certain trade and national security statutes.1Office of the Law Revision Counsel. 18 USC 983 – General Rules for Civil Forfeiture Proceedings
If U.S. Customs and Border Protection seized your goods, vehicle, or currency for an import or customs violation, or the IRS seized property for a tax matter, you are in non-CAFRA territory. The government has fewer procedural obligations, you will likely need to post a bond to be heard, and once the case reaches court the burden shifts to you. General forfeiture guides written around CAFRA will mislead you on nearly every step.
Read the Notice Before Anything Else
The written notice must be sent to every party who appears to have an interest in the property as soon as practicable after the seizure.2eCFR. 19 CFR 162.92 – Notice of Seizure For a customs seizure, it will identify the laws allegedly violated, describe the conduct that triggered the seizure, and detail the merchandise, including the circumstances of its entry into the country. If the government alleges a loss of revenue, the notice states the total amount and how it was calculated.3eCFR. 19 CFR 162.31 – Contents of Notice
The notice also carries the seizure or case file number you need for all future correspondence, the address for filing, the deadline for responding, and the specific bond amount. Those printed numbers control your case. If they differ slightly from the general rules described below, follow the notice.
The 35-Day Deadline
For customs seizures under Title 19, you have 35 calendar days from the date the notice was mailed to file a claim with the seizing agency. If the notice was never received, a claim may instead be filed within 30 calendar days of the final publication of the seizure notice.4eCFR. 19 CFR 162.94 – Filing of a Claim for Seized Property The clock runs from the mailing date, not the date you opened the envelope. A week spent unopened in your mailbox is a week off your deadline.
Filing a claim is the only way to get in front of a judge. Without it, the seizing agency itself decides whether to keep your property. The government also publishes notice of the seizure on forfeiture.gov for at least three consecutive weeks.5Office of the Law Revision Counsel. 19 U.S. Code 1607 – Seizure; Value $500,000 or Less If no one files a claim during that period, the property is forfeited administratively.
The Cost Bond
This is where non-CAFRA cases hit hardest. CAFRA eliminated the bond requirement for the seizures it covers. Customs seizures did not get that reform. To contest, you must post a cost bond along with your claim. The bond is $5,000 or 10 percent of the property’s appraised value, whichever is lower, with a $250 floor. If the government wins the forfeiture, you lose the bond and owe court costs.6Office of the Law Revision Counsel. 19 USC 1608 – Seizure; Claims; Judicial Condemnation
The bond is filed on Customs Form 301 with sureties approved by the customs officer. If you cannot afford it, the Fines, Penalties, and Forfeitures Officer can waive the requirement upon satisfactory proof of financial inability to pay.7eCFR. 19 CFR 162.47 – Claim for Property Subject to Summary Forfeiture Request the waiver at the same time you file the claim. Do not let the bond issue eat your 35 days while you try to raise the money.
What Goes in the Claim
The claim describes the seized property, states your ownership or other interest, and is made under oath subject to the penalty of perjury. An unsworn declaration under 28 U.S.C. 1746 satisfies the oath requirement.8Forfeiture.gov. Claims At a minimum, include:
- Your full legal name, current address, and phone or email.
- The seizure number printed on the notice, which links your claim to the correct file.
- A specific description of the property. Use the VIN for a vehicle, the account number for a bank account, and detailed descriptions for merchandise.
- Your interest in the property: sole owner, joint owner, lienholder, or other.
- The reasons you are entitled to its return, supported by relevant facts.9U.S. Department of Justice. Online Claims and Petitions Application
Supporting documents like titles, registrations, bills of sale, or bank records are not required at the claim stage, but gathering them now saves time if the case moves to court. Do not exaggerate or invent facts. Knowingly making a false statement to a federal agency is punishable by up to five years in prison.10Office of the Law Revision Counsel. 18 U.S. Code 1001 – Statements or Entries Generally
You can file online through the Department of Justice’s Online Claims and Petitions portal at ocp.forfeiture.gov, or by mail. If mailing, use certified mail with return receipt or a trackable commercial service. Proof of when the agency received your claim matters because the deadline is unforgiving.
Petition for Remission or Mitigation
The notice offers a second path. A petition for remission or mitigation asks the seizing agency to return the property or reduce the penalty administratively, without going to court. It can be filed within 30 days of the last date of publication on forfeiture.gov, or by the date stated in your notice.11Forfeiture.gov. Petition Information The agency can grant relief if it finds the forfeiture occurred without willful negligence or intent to violate the law, or if other circumstances justify leniency.12Office of the Law Revision Counsel. 19 USC 1618 – Remission or Mitigation of Penalties
The petition has no set form but must describe the property, state the date and place of seizure, explain the facts you rely on, and prove your interest.13eCFR. 19 CFR 171.1 – Petition for Relief No judge is involved. If the agency denies the petition and you did not also file a claim, the property is forfeited and you have no further recourse.
Filing both a claim and a petition is usually the safer approach. The claim preserves your right to a court hearing; the petition gives the agency a chance to resolve things without litigation.
What Happens After You File
Once your claim and bond are in, the customs officer transmits the file to the U.S. Attorney for the federal district where the seizure occurred. The Attorney General investigates and, if the forfeiture appears legally justified, files a civil action in federal district court.14Office of the Law Revision Counsel. 19 U.S. Code 1604 – Seizure; Prosecution Non-CAFRA cases under Title 19 do not carry the hard 90-day filing deadline that CAFRA imposes. The statute directs the government to proceed “without delay” and gives the Attorney General discretion to decline prosecution if the case cannot be sustained or public interest does not require it.
If the complaint is filed, you receive a copy and must file a claim in the federal court within the time set by the supplemental admiralty rules, typically 30 days after service. The case then proceeds as a civil lawsuit with discovery, motions, and possibly trial.
Burden of Proof Once You Are in Court
This is the reversal that catches most claimants off guard. Under CAFRA, the government must prove by a preponderance of the evidence that the property is subject to forfeiture. In non-CAFRA customs cases, the government need only show probable cause that the property is connected to a customs violation. Once probable cause is established, the burden shifts to you to prove the property should be returned.15Office of the Law Revision Counsel. 19 U.S. Code 1615 – Burden of Proof in Forfeiture Proceedings
Probable cause is a low bar. Government testimony about the circumstances of the seizure, foreign-origin markings on merchandise, and a vessel’s proximity to a suspicious ship can all count as presumptive evidence. If the government clears that threshold, you must affirmatively show your property is not subject to forfeiture. CAFRA’s codified innocent-owner defense at 18 U.S.C. 983(d) does not reach non-CAFRA cases. You can still argue that you had no involvement in or knowledge of the alleged violation, but you carry the weight of proving it.
If You Do Nothing
Without a timely claim and bond, the property is administratively forfeited to the United States. No court sees the case. The government takes permanent ownership and can sell, destroy, or transfer the property. For customs seizures where the property’s value does not exceed $500,000, or where the seizure involves prohibited merchandise, controlled-substance-related vehicles, or monetary instruments, this administrative path is the default whenever nobody contests.5Office of the Law Revision Counsel. 19 U.S. Code 1607 – Seizure; Value $500,000 or Less Once administrative forfeiture is complete, reversing it is extraordinarily difficult.
Recovering Attorney Fees If You Win
If you contest the forfeiture in court and substantially prevail, the government is liable for your reasonable attorney fees and litigation costs. This applies to any federal civil forfeiture proceeding, including non-CAFRA cases.16Office of the Law Revision Counsel. 28 U.S. Code 2465 – Return of Property to Claimant; Liability for Wrongful Seizure; Attorney Fees, Costs, and Interest There are limits. You cannot recover fees if you are convicted of the underlying crime the property was subject to forfeiture for. If the government promptly recognizes your claim and returns your interest without causing additional costs, the fee provision does not apply. And if the court splits the result between you and the government, the fee award is reduced proportionally.