Sample Claim Form Template for Seized Assets

If your property was seized by a federal agency, the only way to challenge the seizure is to file a verified claim for court action. The claim form acts as an application for the release of seized cash or other property in a forfeiture action.

Filing a timely claim stops the administrative forfeiture proceeding. It requires the agency that seized the asset to forward the claim to the U.S. Attorney’s Office for further proceedings.

Click here to download a sample claim form for assets seized for forfeiture to apply for the release of your property.

The forms sent by some federal agencies are intentionally misleading because they do not provide any space to describe the asset or explain the claimant’s interest in the seized property. The link above has one of the best formats for a sample “claim for court action” form template. We also included one below. These forms are not intended to provide any legal advice, but are simply to help you spot the issues.

Although you do not necessarily need an attorney to file a claim, the requirements are so complicated that most people would benefit from hiring an experienced attorney to represent them in filing a claim and negotiating the return of the property.

Under 18 U.S.C. § 983(a)(2)(D), the claim need not be made in any particular form, although it must meet the requirements listed in 18 U.S.C. § 983(a)(2)(C) which require:

a description of the seized property;
an explanation of your ownership or other interest in the property; and
the claimant’s signature under oath, subject to the penalty of perjury (or otherwise meeting the requirements of an unsworn statement under penalty of perjury).

Although the agency that seized the asset might encourage you to file a petition for remission or mitigation, read more about why those procedures rarely work. Failure to file a claim by the deadline will result in the property being forfeited to the United States.

How to File the Claim for Assets Seized for Forfeiture

To file the claim, you must deliver it to the agency that gave notice of the seizure and intent to forfeit at the appropriate address listed in the personal notice that should be mailed to you or the address on the notice posted online on the forfeiture.gov website.

You do NOT have to wait 60 days after the seizure to receive the notice BEFORE filing the claim. You can file a premature claim immediately after the seizure.

The claim must be sent to the notifying agency’s address, identified in the notice. For some agencies, like Customs and Border Protection (CBP), it will be sent to one of their regional offices. For other agencies, like the DEA, it is sent to one location at the DEA headquarters.

The claim can be “filed” online, by mail through the U.S. Postal Service, or by a commercial delivery service such as UPS or FedEx. However, it is not actually “filed” until it is received by the agency (in their hands).

Strict timelines exist for filing the claim. For example, 18 U.S.C. § 983(a)(2) requires that if you receive the personal notice, then you must file the claim by the deadline listed in the notice. Otherwise, the online notice contains the deadline for filing the verified claim.

Sample Claim Form to Apply for the Release of Seized Property

You can download the form listed above. The language in the claim form is listed below. You must deliver the form to the exact address listed in the notice of seizure.

If you did not receive your personal notice of seizure, check the forfeiture.gov website to find the published notice. You only have 35 days to file the claim form (which means it must be in their hands). If you are one day late, you might lose your right to contest the seizure.

SEIZED ASSET CLAIM FORM

NAME: _______________________________ Seizure No.: _______________________________

MY ADDRESS: __________________________ Case No.: _______________________________ ____________________________________.

City & State of Seizure: ___________________

TELEPHONE NO.: (____)________________

PART I

List the items in which you claim an interest. Include sufficient information to identify the items, such as serial numbers, make and model numbers, tail numbers, photographs, and so forth. Additional space is provided on the back of the form. You may attach additional sheets of paper if more space is needed. [If applicable, I have attached a copy of the receipt I received when the property was seized, which also lists the property that I am claiming. See “Exhibit “A”].

1. _______________________________________________________________________________________

2. _______________________________________________________________________________________

3. _______________________________________________________________________________________

4. _______________________________________________________________________________________

5. _______________________________________________________________________________________

6. _______________________________________________________________________________________

7. _______________________________________________________________________________________

8. _______________________________________________________________________________________

9. _______________________________________________________________________________________

10. ______________________________________________________________________________________

11. ______________________________________________________________________________________

12. ______________________________________________________________________________________

PART II

State your interest in each item of property listed above. Please provide any documents that support your claim of interest in these items. Supporting documentation includes titles, registrations, bills of sale, receipts, etc. Additional space is provided on the back of the form. You may attach additional sheets of paper if more space is needed.

[For example, you might explain one of the following:

“The property belongs to me because I own it, and it was seized from me.”
“The property was seized from me but belongs to ____[[insert name of the person who owns the property]]_______ (hereinafter “the owner”). I am making a claim on behalf of the owner and with their permission. The owner asked me to temporarily take possession of the property, creating a bailor/bailee relationship.]

__________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________

PART III

ATTESTATION AND OATH

I attest and declare under penalty of perjury that my claim to this property is not frivolous and that the information provided in support of my claim is true and correct, to the best of my knowledge and belief.

______________________________

Name (Print)

______________________________

Signature

__________________________

Date

A FALSE STATEMENT OR CLAIM MAY SUBJECT A PERSON TO PROSECUTION UNDER 18 U.S.C. 1001 AND/OR 1621 AND IS PUNISHABLE BY A FINE AND UP TO FIVE YEARS IMPRISONMENT.

Additional Resources

Filing a Claim for Property Seized for Forfeiture – Visit the forfeiture.gov website to find out more about the process to make a claim for any asset seized for forfeiture by any federal agency, including ATF, DEA, CBP, HSI, FBI, IRS, USSS, or the U.S. Postal Inspection Service.

ATF’s Claim Form for Seized Property – Visit the ATF website to download a claim form that can be used to challenge the legality of the ATF seizing property for forfeiture.

This article was last updated on Monday, September 9, 2024.

Sample Claim Form Template for Seized Assets

How to File the Claim for Assets Seized for Forfeiture

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