How to File a Claim

The Civil Asset Forfeiture Recovery Act of 2000, 18 U.S.C. § 983, (“CAFRA”) sets forth the procedures for civil forfeitures. 18 U.S.C. § 983(a)(1)(A)(i) provides, in pertinent part, what is required in civil forfeiture proceedings.

Filing a claim for court action in a civil asset forfeiture case is a crucial step to contest the government’s seizure of your property. This process stops the administrative forfeiture and forces the case into court, where you can present your defense.

Finding an Attorney to File a Claim

While you are not required to have an attorney to file a claim, the legal procedures are complex. An experienced attorney can guide you through the process, help you prepare a strong case, and represent you in court. If you substantially prevail in court, the government may be required to pay your reasonable legal fees.

The civil asset forfeiture attorneys at Sammis Law Firm are experienced representing claimants. We represent innocent owners, spouses, bailees, lien holders, and secured creditors.

Call 813-250-0500.

Steps to File a Verified Claim to Contest a Forfeiture

First, consider filing a premature verified claim for the property that can be served on the agency IMMEDIATELY after the seizure as explained in 18 U.S.C. § 983(a)(2)(A). CAFRA does not require that you wait 60 days for the “notice of seizure” to arrive in the mail. Although the ure prematclaim need not be made in any particular form, under 18 U.S.C. § 983(a)(2)(C), your claim must:

• be in writing;
• identify the specific property being claimed;
• state the claimant’s interest in such property; and
• be made under oath, subject to penalty of perjury.

Second, locate the notice of seizure. The government agency that seized your property must send you a “Notice of Seizure” and “Intent to Forfeit.” This notice will provide important details, including:

• a description of the seized property;
• the legal basis for the seizure;
• the deadline for filing a claim; and
• the address where you must send your claim.

After locating the notice of seizure, you can file a post-notice claim if you have already filed a premature claim.  The notice of seizure provides the minimum due process by putting you on notice of the pendency of the action and your opportunity to be heard and present your objections. If you ask for an extension of time, the seizing agency is not required to comply with that request or even give you notice of the status of his request for an extension.

Third, file your claim. The vertified claim must be filed with the seizing agency by the deadline specified in the notice of seizure. The deadline is typically 35 days from the date the notice was mailed. You can file your claim by:

• U.S. Mail (Return Receipt Requested);
• FedEx or UPS (Commerical Delivery Service with Adult Signature Required);
• Online through the Forfeiture.gov website if allowed.

The claim is considered filed on the date it is received by the agency, not the date it is postmarked. Therefore, it is critical to ensure it arrives before the deadline.

Do NOT ask for an extension of time to file your claim for court action. Instead, sign the vertified claim, make sure it contains the required information, and ensure it is delivered to the address contained in the notice within the time allotted.

What Happens After the Claim is Filed

Once the agency receives your timely claim, it must stop the administrative forfeiture process. The case is then forwarded to the U.S. Attorney’s Office. Within 90 days of receiving your claim, the government is required to file a formal complaint for forfeiture in U.S. District Court or return your property. Hopefully the agency just returns the property. If not, you or your civil asset forfeiture attorney will be served with a complaint for forfeiture filed in the appropriate U.S. District Court.

If the government files a “complaint for forfeiture,” you must file a judicial claim within the time allotted in the notice of seizure. You will then have 20 additional days to file a formal answer to the government’s complaint which includes a list of your affirmative defenses.

This article was last updated on Thursday, September 11, 2025.