Hardship Petition under § 983(f)
CAFRA reforms allowed a process for a claimant to request the obtain the pretrial release of seized property in order to avoid a hardship. The hardship petition does not depend on the merits of the Government’s or even if the seizure was legal.
Instead, the sole issue is whether the court should grant equitable relief based on the showing of a Claimant’s hardship. See United States v. Various Gold, Silver and Coins, 916 F. Supp.2d 1182, 1184 (D. Or. 2013).
The request for the hardship release applies to both to administrative forfeiture proceedings and civil judicial forfeiture proceedings, although it does not apply to criminal forfeiture.
Many types of property are excluded from release under Section 983(f), such as currency unless it is the property of a business that the government has seized, or property designed or likely to be used to commit another criminal offense.
In addition to filing this petition for hardship released, the Claimant should aggressively assert all of their rights to get the property back which might involving filing a verified claim or a Rule 41(g) motion for return of property.
If the government files a complaint for forfeiture in the appropriate United States District Court, then the Claimant must file a judicial claim and answer to the Government’s complaint. See United States v. $159,040 in U.S. Currency, 517 F. Supp. 2d 437, 438 (D.D.C. 2007).
An experienced civil asset forfeiture attorney at Sammis Law Firm can help you pursue all avenues for getting the property back quickly.
Attorney for Filing the Hardship Petition under 18 U.S.C. § 983(f)
If the seizure of your property has created a hardship, act quickly to obtain an attorney who can assist you with filing a hardship petition for the release of the property.
At the same time, we can help you file a verified claim to trigger the 90 day deadline for the government to either return the property or the complaint for forfeiture.
If the government files a complaint, we can also help you file a judicial claim and answer to the complaint.
Attorney Leslie Sammis is an experienced civil asset forfeiture attorney represents Claimants in federal court after the seizure of valuable property.
To schedule a consultation, call 813-250-0500.
Weighting the Hardship Against the Risk of Loss of the Property
Part of the problem with the hardship determination, is that if the Claimant shows an economic hardship, then it typically means the Claimant will need to spend some of the proceeds or use the property while the case is pending. The court must weight that risk against the against the risk that the property will be unavailable for trial.
In United States v. Chevrolet 3500 Pick-up Truck, 2009 WL 237487, *1 (D.N.H. Jan. 30, 2009), the court held that based on the claimant’s community ties and the fact he needed the seized vehicle to get to work, the claimant had met his burden of showing that the hardship outweighed the risk of loss of the property pending trial.
Requirements for Hardship Relief from Federal Forfeiture
The requirements for obtaining hardship relief for the release of property seized for a federal civil or administrative forfeiture proceedings are found in § 983(f)(1).
Section 983(f)(1) provides that a claimant in a federal civil or administrative forfeiture proceedings in entitled to immediate release of seized property if—
- the claimant has a possessory interest in the property;
- the claimant has sufficient ties to the community to provide assurance that the property will be available at the time of the trial;
- the continued possession by the Government pending the final disposition of forfeiture proceedings will cause substantial hardship to the claimant, such as preventing the functioning of a business, preventing an individual from working, or leaving an individual homeless;
- the claimant’s likely hardship from the continued possession by the Government of the seized property outweighs the risk that the property will be destroyed, damaged, lost, concealed, or transferred if it is returned to the claimant during the pendency of the proceeding; and
- none of the conditions set forth in paragraph (8) applies.
In turn, paragraph 8 explains that a claimant is not entitled to a hardship release of property if:
- the property is contraband, currency, or other monetary instrument, or electronic funds unless such currency or other monetary instrument or electronic funds constitutes the assets of a legitimate business which has been seized;
- is to be used as evidence of a violation of the law;
- by reason of design or other characteristic, is particularly suited for use in illegal activities; or
- is likely to be used to commit additional criminal acts if returned to the claimant.
When the request for hardship release is made for seized currency, the courts have held that the exemption for “businesses” applies only if the government has seized the business itself, and not just currency belonging to the business.
File a Request for Hardship Release of Property for the Seizing Agency
Under § 983(f)(2), the “claimant seeking release of property under this subsection must request possession of the property from the appropriate official, and the request must set forth the basis on which the requirements of paragraph (1) are met.”
In many cases, the agency will not even respond to the request. If so, your attorney can file a petition with the court after 15 days from when the request was served on the agency.
File a Petition for Hardship Release with the Court
Under § 983(f)(3)(A), if 15 days pass after the “date of a request under paragraph (2) the property has not been released, the claimant may file a petition in the district court in which the complaint has been filed or, if no complaint has been filed, in the district court in which the seizure warrant was issued or in the district court for the district in which the property was seized.”
Under § 983(f)(3)(B), the petition for release of property must explain:
(i) the basis on which the requirements of paragraph (1) are met; and
(ii) the steps the claimant has taken to secure release of the property from the appropriate official.
Under Under § 983(f)(4), if the “Government establishes that the claimant’s claim is frivolous, the court shall deny the petition.” The government might request to “submit evidence ex parte in order to avoid disclosing any matter that may adversely affect an ongoing criminal investigation or pending criminal trial.”
The Court’s Ruling on Hardship Release within 30 Days
Under § 983(f)(5), the court “shall render a decision on a petition filed under paragraph (3) not later than 30 days after the date of the filing, unless such 30-day limitation is extended by consent of the parties or by the court for good cause shown.”
Under § 983(f)(6), after the petition for return of property on a hardship basis is filed with the court, the court must grant the petition if: “the claimant demonstrates that the requirements of paragraph (1) have been met…”
If the petition is granted, the “district court shall order that the property be returned to the claimant, pending completion of proceedings by the Government to obtain forfeiture of the property.”
Furthermore, under § 983(f)(7)(A), if the court grants the petition, the court “may enter any order necessary to ensure that the value of the property is maintained while the forfeiture action is pending, including—
(i) permitting the inspection, photographing, and inventory of the property;
(ii) fixing a bond in accordance with rule E(5) of the Supplemental Rules for Certain Admiralty and Maritime Claims; and
(iii) requiring the claimant to obtain or maintain insurance on the subject property….”
Additionally, § 983(f)(7)(B) provides the “Government may place a lien against the property or file a lis pendens to ensure that the property is not transferred to another person.”
Read more about Rule 41(g) Motions for Return of Property Seized for Forfeiture.
This article was last updated on Monday. March 9, 2026.
