Federal Notice of Seizure

By Elizabeth Franklin-Best, Esq., and Christopher Zoukis, JD, MBA

A federal notice of seizure means an agency has taken property, intends to keep it through forfeiture, and has started a filing deadline. Below are the rules that decide which track the notice is on, how its deadline is set, and what a claim, a petition for remission, or both will do; the wider civil and criminal process is on our federal asset forfeiture attorney page. Elizabeth Franklin-Best, P.C. handles federal matters nationwide from offices in Columbia and Mount Pleasant, South Carolina.

Quick Answer

A federal notice of seizure is the letter or forfeiture.gov posting that starts an administrative (“nonjudicial”) forfeiture. A claim deadline appears on it, and the rule behind that deadline depends on the track: the Civil Asset Forfeiture Reform Act (CAFRA), or the customs, tax and other statutes CAFRA excludes. Your choice: a claim, a petition for remission, or both.

Key Takeaways

• The statute printed on the notice decides the track. CAFRA’s procedure in 18 U.S.C. § 983 does not govern forfeitures under Title 19 customs law, the Internal Revenue Code and several other statutes (§ 983(i)(2)); CBP marks its notices “(CAFRA)” or “(NON-CAFRA)” (CBP notices).
• A CAFRA claim is due by the date in the personal notice letter, at least 35 days after mailing, or 30 days after final publication if the letter never arrives (§ 983(a)(2)(B)), and under DOJ’s regulation it counts only when the named official receives it (28 C.F.R. § 8.2).
• A customs (Title 19) claim needs a cost bond, due with the claim “within twenty days from the date of the first publication”: $5,000 or 10% of value, whichever is lower, but at least $250 (19 U.S.C. § 1608), waived on proof of financial inability (19 C.F.R. § 162.47(e)). CBP’s current postings print a 30-day date, but the statute, CBP’s regulation and CBP’s own 2023 Federal Register notice all say 20 days, so calendar the 20-day date (CBP notices; 88 Fed. Reg. 31268 (2023)). CAFRA claims need no bond (§ 983(a)(2)(E)).
• A petition for remission does not contest the forfeiture. Under DOJ’s remission rules the ruling official “shall presume a valid forfeiture” (28 C.F.R. § 9.5(a)(4)); on the CAFRA track only a valid claim requires the agency to return the property or send the case to the U.S. Attorney (§ 8.10(e)).
• After a valid CAFRA claim, the government has 90 days, unless a court extends the period, to file a civil complaint, obtain an indictment with a forfeiture allegation and preserve custody, or release the property (§ 983(a)(3)).
• Once a CAFRA forfeiture is declared, the only way to set it aside is a notice-based motion, “the exclusive remedy,” filed within five years of final publication (§ 983(e)(3), (5)); it does not reach customs or Internal Revenue Code forfeitures (§ 983(i)(2)).

What is a notice of seizure?

A notice of seizure is the government’s written notice that it has seized property and intends to forfeit it. For most federal seizures it opens an administrative forfeiture, decided by the seizing agency without a judge unless someone files a valid claim; the regulations define it as “the process by which property may be forfeited by a seizing agency rather than through judicial proceedings,” which is what § 983 calls “nonjudicial” forfeiture (28 C.F.R. § 9.2).

Notice comes two ways: a personal letter to each person who appears to have an interest, and publication, which DOJ’s regulation lets the agency make either on an official government forfeiture website for at least 30 consecutive days or in a local newspaper once a week for at least three successive weeks (28 C.F.R. § 8.9(a)–(b)).

The website is forfeiture.gov, a Justice Department site that carries “Public Notices of Forfeiture” for eight agencies: ATF, DEA, FBI, IRS, U.S. Attorney’s Offices, CBP, the Postal Inspection Service and the Secret Service (agency guidance). The site also carries notices in court cases, published under Supplemental Rule G or Criminal Rule 32.2(b)(6) (forfeiture.gov home page, agency guidance); for those, the filing deadline comes from Rule G(5) or, in a criminal case, the third-party petition rule in 21 U.S.C. § 853(n). A posted notice of forfeiture, a DEA notice of seizure of property and a CBP seizure letter otherwise serve the same function.

If no valid claim (on the customs track, a claim with a cost bond or waiver) arrives in time, the agency declares the property forfeited, with “the same force and effect as a final decree and order of forfeiture” entered by a court (DOJ’s CAFRA rule: 28 C.F.R. § 8.12; customs: 19 U.S.C. § 1609(b)), and no judge reviews whether the seizure was justified.

Administrative, civil judicial and criminal forfeiture

• Administrative (nonjudicial) forfeiture is decided by the seizing agency and begins with the notice.
• Civil judicial forfeiture is a lawsuit in federal court against the property itself, governed by Supplemental Rule G and begun by a government complaint, either after a claim (§ 983(a)(3)) or in place of an administrative case (§ 983(a)(1)(A)(ii)).
• Criminal forfeiture is part of a convicted defendant’s sentence; see criminal forfeiture.

What can be forfeited administratively. Administrative (“summary”) forfeiture is limited to monetary instruments in any amount, other personal property worth $500,000 or less, prohibited merchandise, and vessels, vehicles and aircraft used with controlled substances or listed chemicals (19 U.S.C. § 1607(a)); DOJ borrows these customs limits for its own seizures (28 C.F.R. § 8.1(a)). Real property can be forfeited only in court (18 U.S.C. § 985(a)). The Justice Department’s Asset Forfeiture Policy Manual 2025 (AFPM 2025), ch. 6, § II.A also sends more than $500,000 seized from a bank account to court, because DOJ does not treat bank funds as monetary instruments (policy, not law). Customs cases outside the limits go to the U.S. Attorney (§ 1610).

Civil forfeiture is not a criminal charge. A “civil forfeiture statute” provides for forfeiture “other than as a sentence imposed upon conviction of a criminal offense” (§ 983(i)(1)), so property can be forfeited without anyone being convicted. Seizures by state or local agencies in state proceedings are governed by state law; property they turn over for federal forfeiture comes under the federal rules (§ 983(a)(1)(A)(iv)).

Which track am I on? CAFRA or customs, agency by agency

The forfeiture statute cited in your notice decides which rules apply; the agency’s name is only a starting point. CAFRA, the Civil Asset Forfeiture Reform Act of 2000, supplies the procedure in 18 U.S.C. § 983, but § 983(i)(2) excludes the Tariff Act of 1930 “or any other provision of law codified in title 19,” the Internal Revenue Code, the Federal Food, Drug, and Cosmetic Act, three sanctions statutes (the Trading with the Enemy Act, the International Emergency Economic Powers Act and the North Korea Sanctions Enforcement Act of 2016) and 22 U.S.C. § 401 (18 U.S.C. § 983(i)(2)). CBP and ICE apply their CAFRA rules to civil forfeiture seizures except those under Title 19, the Internal Revenue Code and the other statutes the regulation lists (19 C.F.R. § 162.91); customs seizures under the excluded statutes run on 19 U.S.C. §§ 1602–1619 (§ 1600) and 19 C.F.R. Parts 162 and 171.

Agency	Governing statute and track (what switches it)	Where notice is published	Where the claim is filed	Claim deadline rule, as written	Cost bond?	Who decides a remission petition
DEA	CAFRA, usually under 21 U.S.C. § 881	forfeiture.gov for 30 consecutive days, or a newspaper for three weeks (28 C.F.R. § 8.9(a))	DEA Forfeiture Counsel, at the address on the notice (28 C.F.R. § 8.2)	The letter’s deadline, at least 35 days after mailing; if the letter is not received, 30 days after final publication (§ 983(a)(2)(B))	No (§ 983(a)(2)(E); 28 C.F.R. § 8.10(d))	Administrative case: DEA Forfeiture Counsel. Judicial case: the Justice Department’s Criminal Division (28 C.F.R. § 9.1(b))
FBI	CAFRA (Title 18 civil forfeiture statutes, § 983(i)(1))	forfeiture.gov or a newspaper (§ 8.9(a))	The FBI field office named in the notice (forfeiture.gov, guidance)	As for DEA (§ 983(a)(2)(B); 28 C.F.R. § 8.10(a))	No (§ 983(a)(2)(E))	Administrative: FBI Forfeiture Counsel. Judicial: the Criminal Division (§ 9.1(b))
ATF	CAFRA for Title 18 forfeitures such as 18 U.S.C. § 924(d) (ATF notice). Switch: National Firearms Act forfeitures under 26 U.S.C. § 5872 are Internal Revenue Code forfeitures (§ 983(i)(2)(B))	CAFRA: forfeiture.gov or a newspaper (§ 8.9(a)). IRC: the statute calls for newspaper notice for three weeks (26 U.S.C. § 7325(2))	ATF Forfeiture Counsel, at the address on your notice (ATF notice)	CAFRA: as for DEA. IRC: “within 30 days from the date of the first publication” (§ 7325(2))	CAFRA: no. IRC: yes, $2,500 (§ 7325(3))	Administrative: ATF Associate Chief Counsel (§ 9.1(b)(1)). Judicial: the Criminal Division (§ 9.1(b)(2)). IRC cases use customs remission law (26 U.S.C. § 7327)
USPIS	CAFRA (Title 18 civil forfeiture statutes; forfeiture.gov, guidance)	forfeiture.gov (home)	The Postal Inspection Service’s Asset Forfeiture Unit, at the address on the notice (forfeiture.gov, guidance)	As for DEA (§ 983(a)(2)(B))	No (§ 983(a)(2)(E))	Administrative: the Postal Inspection Service’s Chief Counsel. Judicial: the Criminal Division (39 C.F.R. § 233.9)
CBP	Split by statute (19 C.F.R. § 162.91). CAFRA: currency-reporting forfeitures under 31 U.S.C. § 5317(c)(2), 21 U.S.C. § 881, 8 U.S.C. § 1324(b). NON-CAFRA: Title 19 statutes such as 19 U.S.C. §§ 1595a, 1526(e) and 1497	forfeiture.gov, headed “(CAFRA)” or “(NON-CAFRA)” (CBP notices), for at least 30 consecutive days (19 C.F.R. § 162.45(b))	The Fines, Penalties and Forfeitures (FP&F) Officer named in the notice (§ 162.47(a); § 162.94(a))	CAFRA: “within 35 calendar days after the date the notice of seizure is mailed,” or 30 days after final publication if not received (§ 162.94(b)). NON-CAFRA: claim and bond “within twenty days from the date of the first publication” (19 U.S.C. § 1608; 19 C.F.R. § 162.47(a)); CBP’s postings print 30 days and a date, so act on the earlier (CBP notices). Petition: 30 days from mailing, extendable (§ 171.2)	CAFRA: no (§ 162.94(e)). NON-CAFRA: yes, $5,000 or 10% of value, whichever is lower, at least $250; waived on “satisfactory proof of financial inability” (§ 162.47(b), (e))	The FP&F Officer within delegated authority (§ 171.11), otherwise the Penalties Branch at CBP Headquarters (§ 171.12)
HSI (customs)	Same split as CBP; the CAFRA rules cover seizures by “Immigration and Customs Enforcement officers” (§ 162.91)	No separate HSI listing on forfeiture.gov (home); under HSI’s handbook, administratively seized property goes to CBP’s FP&F office “for processing,” and FP&F sends the notice (HSI HB 20-01, internal policy)	The CBP FP&F office named in the notice (§ 162.94(a))	As for CBP (§ 162.94(b); § 1608)	As for CBP (§ 162.47)	As for CBP: the FP&F Officer, or CBP Headquarters outside the officer’s delegated authority (§§ 171.11–171.12)
IRS-CI	CAFRA for Title 18 and 31 forfeitures; the notice cites 18 U.S.C. § 981 (IRS notice). Switch: Title 26 “code forfeitures” under 26 U.S.C. §§ 7301 and 7302 (§ 983(i)(2)(B)); Title 26 administrative forfeiture is limited to property appraised at $100,000 or less (26 U.S.C. § 7325)	CAFRA: forfeiture.gov (IRS notice). Title 26: the statute calls for newspaper notice “for 3 weeks” (§ 7325(2))	IRS Criminal Investigation’s Asset Recovery office, in writing, as the notice directs (IRS notice)	CAFRA: the letter’s deadline; if the letter is not received, 30 days after final publication (§ 983(a)(2)(B)). Title 26: “within 30 days from the date of the first publication” (§ 7325(2))	CAFRA: no. Title 26: yes, $2,500 (§ 7325(3)); IRS policy allows a request to proceed in forma pauperis (IRM 9.7.13, guidance)	Title 18 administrative: IRS-CI executives (IRM 9.7.7, guidance). Title 26: “The Commissioner or his delegate” (26 C.F.R. § 403.43). Judicial: the Attorney General (18 U.S.C. § 981(d))
Secret Service (DHS, 6 U.S.C. § 381)	CAFRA: seized “in accordance with Title 18, U.S.C., Section 981” (USSS notice)	forfeiture.gov (home)	The Secret Service address on the notice (USSS notice)	A printed “DEADLINE TO FILE CLAIM” (USSS notice), set under § 983(a)(2)(B)	No (§ 983(a)(2)(E))	Administrative: petitions go to the Secret Service by the printed “DEADLINE TO FILE PETITION”; the notice names no ruling official (USSS notice). Judicial: the Attorney General (§ 981(d))

forfeiture.gov’s online claim filing covers only ATF, DEA, FBI and Postal Inspection Service assets: “Any asset requiring a cost bond cannot be claimed online” (claim page, agency guidance). Drug-connected property can land on either track: CBP processed a drug-connected truck as a NON-CAFRA forfeiture under 19 U.S.C. § 1595a(a) (United States v. Carrizoza, D. Ariz. 2016, magistrate judge’s report and recommendation, adopted May 20, 2016), while an airport currency seizure in North Carolina ran on the CAFRA form under 18 U.S.C. § 981 and 21 U.S.C. § 881 (United States v. $40,000.00 in U.S. Currency, E.D.N.C. 2019). Civil forfeiture of property said to be involved in money laundering runs under 18 U.S.C. § 981(a)(1)(A), a CAFRA statute.

How to find the statute on your notice

• CBP says it in the title. A CBP “Notice of Seizure and Information to Claimants” is marked “CAFRA Form” or “NON-CAFRA Form” (Carrizoza; $40,000.00), and CBP’s forfeiture.gov postings are headed “NOTICE OF SEIZURE AND INTENT TO FORFEIT (CAFRA)” or “(NON-CAFRA).” A CAFRA posting can list customs provisions beside a statute such as 21 U.S.C. § 881; the heading tells you how CBP is processing the case (CBP public notices).
• DOJ notices cite borrowed procedure. A DEA notice says the procedures “can be found at 19 U.S.C. Sections 1602 – 1619, 18 U.S.C. Section 983, and 28 C.F.R. Parts 8 and 9” (DEA notice); the customs citation reflects borrowed procedure, not a customs case (28 C.F.R. § 8.1(a)), and the forfeiture statute itself is the “statutory basis” every notice must state (§ 8.9(a)(2)(ii), (b)(2)(iii)).
• IRS notices on forfeiture.gov cite Title 18 (18 U.S.C. § 981), while Title 26 “code forfeitures” run on the Internal Revenue Code, so property seized in a tax fraud investigation can arrive on either track (IRS notice).

How do you read the deadline on your notice?

Start with the date printed on the notice, then identify the event that starts its clock; the filings on this page run from four different starting points. DOJ and Postal Inspection Service letters print the claim deadline in a “Time Limits” paragraph and forfeiture.gov postings show a “Last Date to File” (claim FAQ, agency guidance); CBP’s NON-CAFRA postings print a date by which a claim must be “received by the above office by close of business” (CBP public notices).

1. The date the letter was sent (CAFRA claims; customs petitions). On the DOJ track, a CAFRA letter must state the date it was sent and a claim deadline “at least 35 days after the personal written notice is sent,” and the letter counts as sent when mailed or handed to a carrier, not when it arrives (28 C.F.R. § 8.9(b)(2), (c)(1)). CBP’s CAFRA claims and customs petitions also run from mailing (19 C.F.R. § 162.94(b); § 171.2).
2. The date of final publication (CAFRA claims when the letter never arrived). The claim is due “not later than 30 days after the date of final publication of notice of seizure” (§ 983(a)(2)(B); 28 C.F.R. § 8.10(a)).
3. The date of first publication (customs and Internal Revenue Code claims). The statute gives a customs (Title 19) claim and bond 20 days from first publication (19 U.S.C. § 1608; 19 C.F.R. § 162.47(a)), while CBP’s posted notices say “within 30 days of the date of the first publication/posting” and print a date (CBP public notices). CBP’s own 2023 general notice restates the 20-day rule: “the party must file a claim within 20 days from the date of the first publication of the Notice of Seizure and Intent to Forfeit and must include a cash bond, unless CBP has waived the bond requirement” (88 Fed. Reg. 31268 (May 16, 2023)). Neither the statute nor CBP’s regulations provide for the longer printed period, so calendar the 20-day date, make sure CBP’s Fines, Penalties and Forfeitures office receives the claim and bond (or waiver request) by then, and get advice immediately. An Internal Revenue Code claim gets 30 days from first publication (26 U.S.C. § 7325(2)).
4. The date you received the letter (DOJ petitions). DOJ notices ask for petitions “within 30 days of the date they receive the notice in order to facilitate processing,” although petitions “shall be considered any time after notice until the property has been forfeited” (28 C.F.R. § 9.3(a)). forfeiture.gov states the window differently on different pages (petition FAQ); file by the petition date printed on your notice.

A claim counts when it is received, not when it is mailed. Under DOJ’s regulation, a claim “is not deemed filed until actually received by the appropriate official identified in the personal written notice and the published notice,” is not filed if it goes to another office, such as a court, a U.S. Attorney or a local office, and is not filed if “received only by an electronic or facsimile transmission” (28 C.F.R. § 8.2). A postmark is not enough: a claim sent by overnight courier the day before the deadline arrived a day late, and the court refused to excuse it (Okafor v. United States, 9th Cir. 2017). forfeiture.gov offers online filing for ATF, DEA, FBI and Postal Inspection Service assets, a channel the Asset Forfeiture Policy Manual 2025 recognizes (AFPM 2025, ch. 6, § II.C.1, policy, not law), even though DOJ’s regulation still says a claim received only electronically is not filed. forfeiture.gov itself cautions that “Filing a claim online does not make it valid or timely” (claim FAQ, agency guidance). Until the regulation changes, a claimant who files online should also send a signed paper claim by a delivery method that confirms receipt, so that the named official receives it before the deadline. Do not email or fax a claim on a DOJ notice, and do not wait for a requested claim form, which “does not extend the deadline for filing a claim” (28 C.F.R. § 8.10(c)).

These rules are current. DOJ’s regulations in 28 C.F.R. Parts 8 and 9 were last amended December 19, 2016 (Part 8; Part 9), the eCFR shows CBP’s notice and petition rules unchanged since January 2017 (§ 162.92; § 171.2), and the Asset Forfeiture Policy Manual 2025 replaced all earlier editions while stating that it “does not, however, create or confer any legal rights” (AFPM 2025).

Applied Insight — Elizabeth Franklin-Best, Esq., Principal Attorney: Six things on a seizure letter get checked first: the issuing agency; the forfeiture statute cited and, on a CBP letter, whether the title says CAFRA or NON-CAFRA; the printed deadline; the date the letter says it was sent; the asset identifier number, which a DOJ notice must carry (28 C.F.R. § 9.3(a)); and whether the forfeiture.gov posting’s “Last Date to File” matches the letter. The envelope and the day the letter arrived are recorded too, because those facts decide which rulebook applies, which date controls and whether the notice itself can be challenged later.

Claim, petition for remission, or both?

A claim asks a federal court to decide whether the government may keep the property; a petition for remission or mitigation asks the agency to return some or all of it as a matter of discretion, treating the forfeiture as valid. Remission is relief, in whole or in part, for an owner who neither took part in nor knew of the conduct; mitigation is partial or total relief, or relief on conditions (28 C.F.R. § 9.1). The table states the rules for DOJ seizures on the CAFRA track; the customs options follow it.

	Claim (CAFRA)	Petition for remission or mitigation (28 C.F.R. Part 9)
What it asks for	A court decision on forfeitability; a claim is how you “contest the forfeiture of seized property in federal court” (28 C.F.R. § 8.10(a))	Discretionary relief from a forfeiture treated as valid (§ 9.1); a petitioner “is not contesting the forfeiture” (petition FAQ, guidance)
Who decides	The agency returns the property or refers the claim to the U.S. Attorney (§ 8.10(e)); a federal judge decides any case filed (§ 983(a)(3))	The seizing agency’s ruling official (§ 9.1(b)(1)), or in a judicial case the Justice Department’s Criminal Division (§ 9.4(f)–(g)), and no hearing is held (§ 9.3(g))
Does it force the government into court?	Yes: within 90 days, unless a court extends the period, the government must sue, indict and preserve custody, or release the property (§ 983(a)(3))	No: “If you file only a petition, and no one else files a claim, your petition will be decided by the seizing agency” (petition page, guidance), and the property is declared forfeited (§ 8.12)
What you must show	At filing: the property, your interest and an oath, signed by you, not your lawyer (§ 983(a)(2)(C); § 8.10(b)). In court: the government must prove forfeitability by a preponderance of the evidence (§ 983(c)(1), CAFRA civil)	The burden is yours (§ 9.5(a)(3)). Remission requires a “valid, good faith, and legally cognizable interest” and innocent-owner status, and the official “shall presume a valid forfeiture” (§ 9.5(a)(1), (4)). Mitigation can address “extreme hardship” and, where mitigating factors exist, can reach someone involved in the offense (§ 9.5(b))
What you give up	No other remedy; you can still petition. The costs are a sworn statement and a possible civil fine if a court finds the claim frivolous and the government prevails (§ 983(h)(1))	The court test. Courts have refused to treat a petition as a substitute for a timely claim (Troconis-Escovar v. United States, 7th Cir. 2023; In re Seizure of 2007 GMC Sierra SLE Truck, D.S.C. 2014), and the Justice Department’s position is that “no judicial review of remission or mitigation decisions is available” (AFPM 2025, ch. 13, § I, policy)
Can you file both?	Yes: “You may also file a petition for remission or mitigation” (claim page, guidance)	Yes. If a claim takes the case to court, DOJ policy is to forward the petition to the U.S. Attorney and decide it “only after the claim is resolved in the case,” with no second petition needed (AFPM 2025, ch. 13, § I.A n.5, policy); the Criminal Division will not rule on remission the agency already denied (§ 9.4(g))
Deadline	The letter’s date, at least 35 days after mailing, or 30 days after final publication if the letter is not received (§ 983(a)(2)(B)); filed only on receipt (§ 8.2)	The petition date printed on the notice; the regulation asks for 30 days from receipt “to facilitate processing” and considers petitions until forfeiture (§ 9.3(a)), or in a judicial case until the property is placed in official use, sold or otherwise disposed of (§ 9.4(a))
Governing text	18 U.S.C. § 983(a)(2)–(4); 28 C.F.R. Part 8	28 C.F.R. Part 9; Postal Inspection Service: 39 C.F.R. § 233.9

Three rules shape the choice. On the CAFRA track the claim deadline is the one that cannot be recovered: a late claim ends the court route (Okafor, 9th Cir. 2017), and the notice-based motion described below is open only to someone who did not receive notice (§ 983(e)(1)). A DOJ petition asks for more than a claim does: a Social Security or taxpayer identification number, sworn proof of your interest including “evidence establishing the source of funds for seized currency or the source of funds used to purchase the seized asset” (28 C.F.R. § 9.3(c)) and, if requested, interviews (§ 9.5(a)(3)). And relief can carry conditions: if a mitigation decision is not accepted, or its payment is not made within 20 days of receipt, the property is sold (§ 9.5(b)(3)), and a denial can be reconsidered only once (§ 9.3(j)). If you consent to forfeiture in a plea agreement or settlement, DOJ policy is to include language withdrawing your pending petitions (AFPM 2025, ch. 13, § I.A, policy). Because remission turns on innocent-owner status, co-owners, spouses and lienholders should also read the innocent owner defense page.

On the customs (Title 19) track

A NON-CAFRA customs notice offers a different set of options, chosen on an enclosed Election of Proceedings form (CFMOTO Powersports, Inc. v. United States, D. Minn. 2011).

Option on a NON-CAFRA customs notice	What it does	Deadline, as written	Cost and conditions	What it leaves behind
Petition for remission or mitigation (19 U.S.C. § 1618)	Asks CBP for relief where the forfeiture was “incurred without willful negligence or without any intention on the part of the petitioner to defraud the revenue or to violate the law,” or mitigating circumstances exist (§ 1618)	“within 30 days from the date of mailing of the notice of seizure,” extendable (19 C.F.R. § 171.2)	No bond; a conditional decision is effective for no more than 60 days unless it sets another period, and if payment is not made or arranged, or a supplemental petition filed, the full forfeiture applies (§ 171.22)	Immediate court referral, though a claim and bond can still be filed while the petition is pending (CFMOTO); “No action will be taken on any petition after the case has been referred to the Department of Justice” (§ 171.13(a))
Offer in compromise (19 U.S.C. § 1617)	Offers a sum to settle; the offer must “expressly state” it is made under § 1617, with the amount deposited (19 C.F.R. § 171.31)	No deadline in the regulation (19 C.F.R. § 171.31); CBP’s notice described the offer as available “at any time prior to forfeiture” (United States v. Carrizoza, D. Ariz. 2016, magistrate judge’s report and recommendation)	The offered amount; accepted “only when the offeror is so notified in writing” (§ 171.32)	Immediate court referral, as with a petition (CFMOTO)
Claim and cost bond (19 U.S.C. § 1608)	Stops summary forfeiture and sends the case to the U.S. Attorney, without entitling you to possession (19 C.F.R. § 162.47(c)–(d))	“within twenty days from the date of the first publication” (§ 1608); CBP’s postings print 30 days, so act on the earlier (CBP notices)	$5,000 or 10% of value, whichever is lower, at least $250, on Customs Form 301; waived on “satisfactory proof of financial inability” (§ 162.47(b), (e))	CBP’s consideration of any petition or offer, which stops (CFMOTO); in court the government shows probable cause and the burden then shifts to you (19 U.S.C. § 1615)
Abandon, or do nothing	Gives up the property; with no claim and bond, CBP declares it forfeited and sells or otherwise disposes of it (19 U.S.C. § 1609(a))	Abandonment is elected on the Election of Proceedings form (Carrizoza); doing nothing lets the window close (§ 1609(a))	The property; sale proceeds go to the Customs Forfeiture Fund (§ 1609(a))	No § 983(e) motion (Miglab, S.D.N.Y. 2026; § 983(i)(2)(A)); a petition for sale proceeds is open only to someone who did not know of the seizure (§ 1613)

What happens when you get a seizure letter from customs?

CBP’s Fines, Penalties and Forfeitures (FP&F) office sends a notice whose title names the rulebook, CAFRA Form or NON-CAFRA Form; a NON-CAFRA letter asks you to choose among the options above on an enclosed Election of Proceedings form (CFMOTO, D. Minn. 2011). Questions go to the FP&F office at the port of entry, with your seizure number (CBP help center, agency guidance).

The petition route trades speed for a chance at relief. On CBP’s form, a petitioner gives up “immediate referral of the case to the U.S. Attorney for court action,” but the form also acknowledges that “at any time [it] can file a claim and cost bond with Customs and Customs[’s] consideration of [its] petition or offer will stop and the case will be sent to the U.S. attorney for court action” (CFMOTO, quoting the form). Another court described the same opt-out, by claim and bond under § 1608, as available “at any time” (ASHH, Inc. v. United States, E.D. Mich. 2022). The window can close: where petitioners let a conditional mitigation offer lapse (19 C.F.R. § 171.22) and the car was forfeited and sold, a court dismissed their later suit (Pardo v. United States, S.D. Cal. 2024). And CBP’s notice must warn that, unless a petitioner expressly agrees to defer forfeiture proceedings until the administrative process ends, the case will be referred promptly to the U.S. Attorney or summary forfeiture will begin (19 C.F.R. § 162.31(a)).

Customs petitions. A petition must describe the property, give the date and place of the violation or seizure, state the facts relied on and prove a petitionable interest, and a false statement “may subject the petitioner to prosecution under the provisions of 18 U.S.C. 1001” (19 C.F.R. § 171.1); CBP Form 4609 is optional (CBP Form 4609, agency guidance). An unfavorable decision can be followed by a supplemental petition within 60 days, whether or not the mitigated amount is paid (§ 171.61); paying is “full disposition of the case,” although it “will never serve as a bar to filing a supplemental petition” (§ 171.23(b)).

CAFRA Form letters work like DOJ notices, with a petition allowed “before, or in lieu of,” a claim (§ 162.96) and a 90-day complaint deadline after a claim (§ 162.94(f)). CAFRA’s hardship release, covered on the bank account seizure page, does not reach Title 19 forfeitures (18 U.S.C. § 983(f), (i)).

In a customs court case, the government need only show probable cause before the burden shifts to the claimant (19 U.S.C. § 1615), and CAFRA’s innocent owner defense does not apply: “forfeiture actions brought pursuant to 19 U.S.C. § 1595a are not subject to CAFRA’s innocent-owner provision” (United States v. Davis, 2d Cir. 2011), a limit co-owners and lienholders should weigh alongside the innocent owner defense page.

What happens if you ignore a customs seizure letter?

If no claim and cost bond, or approved bond waiver, reaches CBP in time on a NON-CAFRA notice, CBP declares the property forfeited and sells or otherwise disposes of it, and the declaration has the effect of a final court decree (19 U.S.C. § 1609). No judge reviews the merits, and the CAFRA notice motion is unavailable: a federal court in New York dismissed one in 2026 because the Title 19 forfeiture statute “is expressly carved out of the statutory definition of ‘civil forfeiture statute'” (Miglab Travaux et Services v. United States, S.D.N.Y. 2026; § 983(i)(2)(A)). A petition for the sale proceeds remains open only to someone who did not know of the seizure in time, as discussed under missed deadlines below. On a CAFRA Form letter the § 983(e) motion stays available; the Eleventh Circuit applied it to a check seized by Customs (Mesa Valderrama v. United States, 2005).

Seized packages of counterfeit or unlicensed goods follow the same Title 19 rules. Merchandise bearing a counterfeit mark “shall be seized and, in the absence of the written consent of the trademark owner, forfeited” (19 U.S.C. § 1526(e)), imports lacking a required license or permit may be forfeited (§ 1595a(c)(2)(B)), and the same options, deadlines and bond apply; a petition explaining how an item was ordered is still a statement to a federal agency (18 U.S.C. § 1001).

Applied Insight — Elizabeth Franklin-Best, Esq., Principal Attorney: On a NON-CAFRA customs letter, the petition can be a sensible first move, but it is not a free option. Because the court route can close once the property is forfeited or a conditional offer lapses, three dates get calendared separately: the claim-and-bond deadline, the petition deadline and the 60-day life of any conditional decision (19 C.F.R. § 171.22). And the petition is written as carefully as a claim.

What must a claim contain?

A CAFRA claim must identify the specific property, state your interest in it and be made under oath, subject to penalty of perjury; it “need not be made in any particular form,” and agencies must supply claim forms on request (18 U.S.C. § 983(a)(2)(C)–(D)). That is how to claim seized property on the CAFRA track, and the details decide whether the claim counts.

DOJ’s regulation adds that the claim must identify the claimant and be made under oath “by the claimant, not counsel for the claimant,” reciting that it is made under penalty of perjury consistent with 28 U.S.C. § 1746, and “An acknowledgment, attestation, or certification by a notary public alone is insufficient” (28 C.F.R. § 8.10(b)). Section 1746 lets a dated, unsworn written declaration, subscribed as true under penalty of perjury, stand in for an oath (28 U.S.C. § 1746). As forfeiture.gov puts it, “you will need to sign the claim before legal counsel can file it” (claim FAQ, agency guidance). If a timely claim falls short, the agency “may” allow a cure; if the defect is not cured, “the claim shall be void and the forfeiture proceedings shall proceed as if no claim had been submitted” (§ 8.10(g)).

On the customs track the statute calls for a claim “stating his interest therein,” filed with the bond on Customs Form 301 or with a granted waiver, and filing it does not entitle the claimant to possession (19 U.S.C. § 1608; 19 C.F.R. § 162.47). An Internal Revenue Code claim comes with a $2,500 bond (26 U.S.C. § 7325(3)).

Section 983(h) adds two limits on the CAFRA track. If the government prevails and the court finds the claimant’s asserted interest frivolous, it may impose a civil fine of 10% of the forfeited property’s value, at least $250 and at most $5,000 (§ 983(h)(1)). A prisoner who, while incarcerated or detained, has had three or more prior federal suits or appeals dismissed as frivolous or malicious may not file a claim without “extraordinary and exceptional circumstances” (§ 983(h)(3)). Separately, a knowing and willful, materially false statement can be prosecuted under 18 U.S.C. § 1001, and willfully subscribing as true a material matter one does not believe true in a § 1746 declaration is perjury (18 U.S.C. § 1621(2)).

Why is signing a claim a Fifth Amendment decision?

Because a CAFRA claim is a sworn statement that you hold an interest in property the government ties to a crime, and nothing in 18 U.S.C. § 983 makes what you say in it off-limits in a criminal case. Some courts have allowed similar statements to be used.

The Supreme Court protects testimony given to support a suppression motion, finding it “intolerable that one constitutional right should have to be surrendered in order to assert another” (Simmons v. United States, 1968), but the Ninth Circuit declined to extend that rule to a civil property filing: it held admissible at a federal criminal trial a sworn ownership affidavit filed with a state-court motion for return of seized property, because the defendant “voluntarily made his affidavit” and “was not forced to choose between constitutional rights” (United States v. Clawson, 9th Cir. 1987). A federal district court in Michigan, reviewing a state conviction on habeas, found no violation of clearly established federal law in the use of the petitioner’s sworn answer from a state forfeiture case, because he had “wholly failed to assert his privilege against self-incrimination at the time of the forfeiture proceeding” (Brown v. Berghuis, E.D. Mich. 2009). The Fourth Circuit has not addressed the question in a published opinion. The Asset Forfeiture Policy Manual 2025 says that advising a civil forfeiture deponent of the Fifth Amendment privilege “enhances the likelihood that, if the testimony is offered in a criminal prosecution, it will be admitted” (AFPM 2025, ch. 8, § II, policy).

The statutory protection comes later, in court. On a claimant’s motion, the court “shall stay the civil forfeiture proceeding with respect to that claimant” if it determines that “(A) the claimant is the subject of a related criminal investigation or case; (B) the claimant has standing to assert a claim in the civil forfeiture proceeding; and (C) continuation of the forfeiture proceeding will burden the right of the claimant against self-incrimination in the related investigation or case” (18 U.S.C. § 981(g)(2)). A stay pauses the court case; it does not change what the administrative claim must say when you sign it.

The Second and Ninth Circuits expect claimants to ask. The Second Circuit has said that “upon a timely motion by the claimant, district courts should make special efforts” to accommodate the privilege (United States v. Certain Real Property … 4003-4005 5th Ave., 2d Cir. 1995). The Ninth Circuit upheld striking an interrogatory answer that used the privilege “as both a sword and shield” from a claimant who “did not request any such accommodation” (United States v. $133,420.00 in U.S. Currency, 9th Cir. 2012). In civil cases, the Fifth Amendment “does not forbid adverse inferences against parties to civil actions when they refuse to testify in response to probative evidence offered against them” (Baxter v. Palmigiano, 1976). A DOJ petition does not avoid the problem: it too is made under penalty of perjury (28 C.F.R. § 9.3(c)(2)), and willful, materially false statements in it are grounds for denial and “possible prosecution” (§ 9.5(a)(5)). CBP’s petition rule requires no oath, but a false statement in a customs petition can be prosecuted (19 C.F.R. § 171.1).

If you also received a target letter or a grand jury subpoena, or agents are still investigating, the claim belongs inside the larger strategy handled by a federal investigation attorney; the stages are outlined in how a federal investigation unfolds.

Applied Insight — Elizabeth Franklin-Best, Esq., Principal Attorney: The claim deadline does not wait for the criminal case, so the Fifth Amendment question has to be answered before the date on the notice. The analysis covers who should be the claimant (the person from whom the property was taken, a co-owner, a company or a lienholder), how to state the interest accurately without saying more than the regulation requires, what the person has already told agents, and whether a stay under § 981(g)(2) will be needed once a complaint is filed. None of that justifies missing the deadline; all of it argues for deciding with counsel before anything sworn is signed.

What deadlines does the government have to meet?

On the CAFRA track the government must send written notice within 60 days of the seizure, subject to narrow exceptions and extensions; on the customs (Title 19) track no statute or regulation sets a deadline for sending notice. Under 18 U.S.C. § 983(a)(1):

• 60 days: notice “as soon as practicable, and in no case more than 60 days after the date of the seizure” ((A)(i)).
• No notice if the government files a civil judicial forfeiture action within that period and gives notice of it ((A)(ii)).
• An indictment does not excuse notice. The government must either send notice in time and continue, or end the administrative case and preserve custody under the criminal forfeiture statute ((A)(iii)).
• 90 days when state or local police seized the property and turned it over ((A)(iv)).
• 60 days after the government identifies a new interested party before a declaration of forfeiture ((A)(v)).
• Extensions: up to 30 days by a headquarters supervisor; up to 60 days at a time by a court, renewable on written certification; and only where notice “may have an adverse result,” such as danger to a person, flight, evidence tampering, witness intimidation or seriously jeopardizing an investigation ((B)–(D)).

Under DOJ’s regulation, the time a state court spends on a turnover order and the time property is detained at a border for inspection do not count (28 C.F.R. § 8.9(c)(5)). If notice to the person from whom the property was seized is late and no extension was granted, the government “shall return the property to that person without prejudice to the right of the Government to commence a forfeiture proceeding at a later time,” except contraband or other property the person may not legally possess (§ 983(a)(1)(F)). The Ninth Circuit holds that no return is required once a forfeiture proceeding has begun, because return followed by immediate re-seizure “would impose a meaningless exercise” (United States v. $11,500.00 in U.S. Currency, 9th Cir. 2013), and DOJ policy is to proceed in court: “The government does not have to release the property and then re-seize it” (AFPM 2025, ch. 6, § II.B.3, policy). The Fourth Circuit has not decided the question in a published opinion.

Customs seizures. CBP’s CAFRA-track seizures follow the same 60-day, 90-day and extension rules (19 C.F.R. § 162.92) and return rule (§ 162.93), without the civil-action and indictment clauses. For customs (Title 19) seizures, the statute requires publication “for at least three successive weeks in such manner as the Secretary of the Treasury may direct” and written notice to apparent interested parties, but sets no number of days (19 U.S.C. § 1607(a); 19 C.F.R. § 162.45). Delay there is tested under due process by weighing its length, the reason for it, whether the claimant asserted the right and the prejudice (United States v. $8,850 in U.S. Currency, 1983); “An unreasonably long retention without instituting a forfeiture proceeding can constitute a denial of due process” (Serrano, 5th Cir. 2020).

What happens once a claim reaches the U.S. Attorney?

A valid, timely CAFRA claim stops the administrative forfeiture: under DOJ’s regulation the agency must return the property or send the claim to the U.S. Attorney (28 C.F.R. § 8.10(e)), who decides whether to go to court or have the property returned (claim FAQ, agency guidance).

Under DOJ’s regulation, the government’s 90 days run from the date the designated official received the claim, “even if the claim is received from an incarcerated pro se prisoner” (28 C.F.R. § 8.2). Within that time the government must file a civil complaint, obtain an indictment alleging forfeitability and preserve custody, or return the property, unless a court extends the period “for good cause shown or upon agreement of the parties” (18 U.S.C. § 983(a)(3)(A)). Otherwise it “shall promptly release the property” and “may not take any further action to effect the civil forfeiture of such property in connection with the underlying offense” (§ 983(a)(3)(B)). In the Fourth Circuit the deadline is “mandatory” but “not jurisdictional,” so a claimant who does not raise a missed deadline in the forfeiture case loses the point (United States v. Wilson, 4th Cir. 2012; see United States v. Martin, 4th Cir. 2011). If the government proceeds only by indictment, the criminal statute governs custody (§ 983(a)(3)(C)), and the property question becomes part of criminal forfeiture, handled within the defense by a federal criminal defense attorney.

If a complaint is filed, the agency claim is not a claim in the court case. Supplemental Rule G(5) requires a claim “in the court where the action is pending,” signed under penalty of perjury, and then an answer (Rule G). The statute and the rule set different day counts: § 983(a)(4) allows a court claim “not later than 30 days after the date of service of the Government’s complaint” or after final publication of notice of it, and an answer “not later than 20 days after the date of the filing of the claim,” while Rule G(5)(a)(ii) ties the claim to the direct notice or publication and Rule G(5)(b) allows 21 days to answer (§ 983(a)(4); Rule G(5)). Calendar the earlier of each. The court claim’s contents, special interrogatories, the burden of proof and the substantial-connection rule are covered on our main forfeiture page. On the customs (Title 19) track, CBP reports the claim and bond to the U.S. Attorney (19 C.F.R. § 162.47(d)); Title 19 sets no fixed filing period, and the Attorney General’s duty is to proceed “without delay” (19 U.S.C. § 1604).

What if you missed the deadline?

Once the agency declares the property forfeited, a CAFRA administrative forfeiture can be reopened only by a motion under 18 U.S.C. § 983(e), on the ground that notice failed; the motion does not reach the merits and does not apply to customs or Internal Revenue Code forfeitures (§ 983(i)(2)).

A person entitled to written notice who did not receive it may file the motion, which § 983(e)(1) says “shall be granted if— (A) the Government knew, or reasonably should have known, of the moving party’s interest and failed to take reasonable steps to provide such party with notice; and (B) the moving party did not know or have reason to know of the seizure within sufficient time to file a timely claim.” It must be filed “not later than 5 years after the date of final publication of notice of seizure of the property” and is “the exclusive remedy for seeking to set aside a declaration of forfeiture under a civil forfeiture statute” (§ 983(e)(3), (5)). Winning reopens the case rather than ending it: the government may start over within 60 days of the order if nonjudicially or within 6 months if judicially, and if the property is gone it may proceed against “a substitute sum of money equal to the value of the moving party’s interest” (§ 983(e)(2), (4)). The motion itself tests notice only (Mesa Valderrama, 11th Cir. 2005).

Adequate notice is a due process standard. The Supreme Court held that certified mail delivered to a federal prisoner through the prison’s mail procedures was enough: “the Due Process Clause does not require such heroic efforts by the Government; it requires only that the Government’s effort be ‘reasonably calculated’ to apprise a party of the pendency of the action” (Dusenbery v. United States, 2002, decided 5–4). Actual receipt is not required. Before CAFRA, the Fourth Circuit found notice inadequate where the government mailed it to the owner’s home and published it while holding the owner in custody (United States v. Minor, 4th Cir. 2000). The Fourth Circuit has not applied § 983(e) in a published opinion; district courts in the circuit have found reasonable steps where a certified letter came back unclaimed and the government sent a second letter and published in a newspaper (Hammel v. U.S. Department of Justice, D.S.C. 2013), have held that “actual notice is not required” (Burton v. United States, D. Md. 2026), and have held that a court “lacks jurisdiction to hear a general challenge to a completed administrative forfeiture” (2007 GMC Sierra, D.S.C. 2014).

Two narrow routes remain for owners who learned of a forfeiture only afterward. On the DOJ track, an owner or lienholder who did not know, and could not reasonably have known, of the seizure before the declaration may petition for the sale proceeds, or the appraised value of property kept for official use, within 90 days of the sale or other disposition (28 C.F.R. § 9.3(k)). On the customs track, a person who “did not know of the seizure prior to the declaration or condemnation of forfeiture, and was in such circumstances as prevented him from knowing of the same” may apply for the proceeds “within three months after the date of sale” (19 U.S.C. § 1613(a); 19 C.F.R. § 171.42). A Rule 41(g) motion is not the vehicle for undoing a completed administrative forfeiture (Troconis-Escovar, 7th Cir. 2023); the reasons, and when a motion for return of property does work, are on that page.

When does the government have to pay attorney fees?

Only in a civil judicial forfeiture case in which the claimant “substantially prevails”; under DOJ’s regulation the administrative stage carries no fees, even when the government returns the property after a claim. In “any civil proceeding to forfeit property under any provision of Federal law in which the claimant substantially prevails,” the United States pays reasonable attorney fees and litigation costs, post-judgment interest and, for currency, interest. Four limits apply: no other payments; no fees for a claimant convicted of a crime for which the claimant’s interest was subject to criminal forfeiture; a safe harbor where, among competing claims, the government promptly recognizes and returns one claimant’s interest and prevails against another; and a proportional cut when judgment is split (28 U.S.C. § 2465(b)).

DOJ’s regulation bars fees and costs in “any administrative forfeiture proceeding, including such proceedings in which a claim is filed, even if the matter is referred to the U.S. Attorney, and the U.S. Attorney declines to commence judicial forfeiture proceedings” (28 C.F.R. § 8.16; see Ohel Rachel Synagogue v. United States, 9th Cir. 2007). For CBP seizures, a person who accepts a remission or mitigation decision “will not be considered to have substantially prevailed” (19 C.F.R. § 171.24; § 162.96).

Four circuits read “substantially prevails” through the Supreme Court’s prevailing-party test in Buckhannon. In the Second, Eighth and Eleventh Circuits, a court case dismissed without prejudice, even with the property returned, does not qualify (United States v. Ross, 2d Cir. 2025; United States v. $32,820.56 in U.S. Currency, 8th Cir. 2016; United States v. $70,670.00 in U.S. Currency, 11th Cir. 2019); the Ninth Circuit applied the same test to deny fees where property was returned without any judicial proceeding (Ohel Rachel, 9th Cir. 2007). The Fourth Circuit has no published ruling; the District of South Carolina applied Buckhannon and found that a claimant prevailed where, after more than a year of litigation, the court dismissed the case with prejudice and ordered the funds returned (United States v. $116,850 in U.S. Currency, D.S.C. 2015). The cert petition in Ross v. United States, No. 26-91, which is pending, asks the Supreme Court whether a claimant substantially prevails when the government voluntarily dismisses and returns the property; the Court has requested a response, now due November 9, 2026 (Supreme Court docket). Fee recovery cannot be promised at the outset of any case, and § 2465(b)(1) does not reach criminal forfeiture, which is not a civil proceeding.

What should you do this week?

Find the track and the printed deadline today, keep every piece of paper, and decide with counsel, before you sign anything sworn, whether to file a claim, a petition or both.

1. Identify the agency, the statute and the heading. Use the track table above; on a CBP letter, read the title for “CAFRA Form” or “NON-CAFRA Form,” which reflects the split in 19 C.F.R. § 162.91.
2. Find the printed deadline and the date the letter was sent, and on a NON-CAFRA customs notice compare the printed date with the statute’s 20 days from first publication and act on the earlier (19 U.S.C. § 1608).
3. Keep the envelope, every page and every enclosure, and note the day it arrived; the dates of sending, publication and receipt can each matter later (28 C.F.R. § 8.9(c)(1); § 983(e)(1)).
4. Do not let a letter, a call to an agent or a petition stand in for a claim; only a proper claim that reaches the named official on time stops a CAFRA forfeiture (DOJ’s rules: 28 C.F.R. §§ 8.2, 8.10).
5. Make sure each owner speaks for its own interest. A claim states the claimant’s own interest (28 C.F.R. § 8.10(b)(2)), so a co-owner, spouse, company or lienholder that wants to contest should consider its own filing.
6. Decide claim, petition or both before signing anything sworn: a CAFRA claim and a DOJ petition are both made under penalty of perjury (§ 983(a)(2)(C); 28 C.F.R. § 9.3(c)(2)).
7. Treat a parallel investigation as part of the same problem. When a business’s accounts or inventory are taken, a white collar crime lawyer should assess the related wire fraud, bank fraud or money laundering exposure at the same time as the forfeiture (18 U.S.C. § 981).

Related Pages

• federal asset forfeiture attorney: the court case, burdens and defenses.
• bank account seizure: frozen and seized accounts, seizure warrants and hardship release.
• motion for return of property: property taken when no forfeiture case has started.
• criminal forfeiture: forfeiture as part of a sentence, through money judgments and appeal.
• innocent owner defense: spouses, co-owners and lenders in someone else’s case.
• federal investigation attorney: representation during an investigation.
• target letter: what a target letter means.
• money laundering: the offense behind many cash and account seizures.
• tax fraud: IRS Criminal Investigation cases.
• federal appeals lawyer: appeals from forfeiture orders and judgments.

Why Work With Elizabeth Franklin-Best, P.C.

A notice of seizure starts a short administrative process that can decide a property dispute before any court sees it, often beside a federal investigation. Elizabeth Franklin-Best, P.C. is a boutique federal criminal defense and appellate firm founded in 2019, with a national federal practice run on an intentionally small caseload and offices in Columbia and Mount Pleasant, South Carolina, serving clients nationwide.

• Forfeiture writing: Elizabeth Franklin-Best’s article “Harjo v. City of Albuquerque: A Road Map for Challenging Government Forfeiture Programs” (with David B. Smith), The Champion (NACDL), May 2019.
• Experience: more than 20 years of federal and appellate criminal defense experience, including more than 330 federal proceedings, over 100 of them appeals, and sixteen published decisions as counsel of record; admitted pro hac vice in federal courts from Montana to Florida.
• Admissions: admitted to the U.S. Supreme Court and twelve of the thirteen U.S. Courts of Appeals — every regional circuit (1st–11th) plus the D.C. Circuit.
• Independent recognition: Chambers USA 2026, Litigation: White-Collar Crime & Government Investigations (Band 2, South Carolina); Best Lawyers in America 2027 in Appellate Practice, Criminal Defense: White Collar, and Criminal Defense: General Practice.
• Writing: author of Reversing Your Criminal Conviction: Develop Your Winning Strategy (2023).

Schedule a Consultation

A notice of seizure starts a clock that runs from the day the letter is mailed or the notice is published, and the choice between a claim, a petition or both is best made with counsel before anything sworn is signed. To discuss your situation with Elizabeth Franklin-Best, schedule a consultation or call (843) 620-1100. Reading this page does not create an attorney-client relationship; it is general information, not legal advice for your case.

Frequently Asked Questions About Notices of Seizure

Reviewed for legal accuracy by Elizabeth Franklin-Best, Esq., Principal Attorney·October 2026