Declaration of Forfeiture
If you have received a Declaration of Forfeiture, it means the government has officially moved to take permanent ownership of your property. Whether it was cash, a vehicle, or cryptocurrency, this document is a formal notice that the administrative process is concluding, and the seizing agency now claims legal title to your assets.
At Sammis Law Firm, we represent clients in both state and federal asset forfeiture cases. We understand how devastating it is to have your property taken without a criminal conviction. Our goal is to help you navigate the complex deadlines and procedural requirements to get your property back.
What is a Declaration of Forfeiture?
A Declaration of Forfeiture is typically the final step in an administrative forfeiture proceeding. Unlike judicial forfeiture, which involves a lawsuit filed in court, administrative forfeiture allows agencies like the FBI, DEA, or local Florida law enforcement to forfeit property “non-judicially” if no one files a valid legal claim in time.
Once the Declaration is issued, it has the same force and effect as a final court judgment. It essentially “extinguishes” your rights to the property.
Why Did I Receive This Notice?
The government issues a Declaration of Forfeiture when:
- The Property was Seized: Law enforcement took possession of the asset based on “probable cause” that it was connected to criminal activity.
- Notice was Provided: The agency sent a “Notice of Seizure” or published it online/in a newspaper.
- No Claim was Filed: The most common reason for a Declaration is that the owner failed to file a Verified Claim within the strict deadline (usually 30–35 days from the notice).
Note: Many people lose their property simply because they didn’t know how to properly format their claim or sent it to the wrong office. If you missed a deadline, you must act immediately to see if the forfeiture can be set aside.
Can a Declaration of Forfeiture Be Overturned?
Under 18 U.S.C. § 983(e) (for federal cases) or the Florida Contraband Forfeiture Act, there are limited circumstances where you can challenge a completed forfeiture. These include:
- Lack of Notice: You did not receive adequate notice of the seizure despite the government knowing you were an interested party.
- Procedural Errors: The agency failed to follow the strict statutory timelines for providing notice or processing the claim.
- Excusable Neglect: In rare cases, if there was a legitimate reason the claim wasn’t filed, a court may allow a late filing.
Steps to Take Immediately
If you discover that your property has been forfeited, do not wait. The longer the Declaration stands, the harder it is to reverse. Act quickly.
- Save the Documents: Keep the Declaration and the envelope it arrived in (to prove the postmark date).
- Identify the Agency: Determine if it is a state seizure (Hillsborough County Sheriff’s Office, TPD) or a federal seizure (DEA, CBP, FBI).
- Consult an Attorney: An experienced forfeiture attorney can review the “Declaration of Forfeiture” to see if the government cut corners or violated your due process rights.
Contact an Asset Forfeiture Attorney in Tampa, FL
At Sammis Law Firm, we fight to protect the property rights of our clients. We specialize in challenging seizures involving cash, vehicles, and cryptocurrency. If your assets were seized in Florida or by a federal agency, contact us to discuss your case.
Contact us to speak with a criminal defense attorney focused on asset forfeiture. We can help you determine if your property can still be recovered.
Call (813) 250-0500.
