Seizure of a Vehicle for Forfeiture – CAFRA
A seizure of a vehicle for forfeiture might arise under one of these three circumstances:
- Your vehicle is seized for forfeiture under federal law known as the Civil Asset Forfeiture Reform Act of 2000 (CAFRA);
- Your vehicle is seized for forfeiture under federal Non-CAFRA law for violations of import or export laws; and
- Your vehicle is seized for forfeiture under state law known as the “Florida Contraband Forfeiture Act.”
This article discusses the first type of vehicle forfeiture under federal law, the Civil Asset Forfeiture Reform Act of 2000 (CAFRA). A federal agency can seize your vehicle or adopt a seizure from another law enforcement agency.
Under CAFRA, within 60 days of the seizure, you should receive a “Notice of Seizure – CAFRA” from a federal agent such as Customs and Border Protection (CBP). The notice explains your options for filing a petition or claim for court action. At Sammis Law Firm, we always file a claim for court action instead of a petition, but there are some pros and cons to each approach that should be considered.
Along with the “Notice of Seizure and Information to Claimants CAFRA Form,” you might also receive:
- an Election of Proceedings – CAFRA Form (ATT 8-B: Revised October 2023);
- a CBP CAFRA Seized Asset Claim Form;
- Personal Facts Sheet; and
- Instruction Sheet.
Most CAFRA vehicle seizures involve allegations that the vehicle was used for money laundering, drug trafficking, or alien (non-citizen or illegal immigrant) smuggling.
Attorney for Seizures of Vehicles for Forfeiture under CAFRA
If your vehicle was seized for forfeiture under the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), then retain an experienced civil asset forfeiture attorney at Sammis Law Firm.
We can help you file a verified claim for court action that might force the federal agency to immediately return the vehicle without any need for you to pay towing or storage fees.
Whether your vehicle was seized for forfeiture proceedings in a CAFRA or non-CAFRA case, we can help.
Call 813-250-0500.
PERSONAL FACTS SHEET for Federal Vehicle Seizures
When you receive the “Notice of Seizure and Information to Claimants CAFRA Form,” it might include a Personal Facts Sheet that provides:
PERSONAL FACTS SHEET
Case Number: _____
You must complete this form and attach a photocopy of your Driver’s License and one other form of identification, both enlarged to 125%. Failure to provide all information, willful false statements or misrepresentations may cause delays and/or denial of your petition or claim.
Petitioner’s Information:
Complete Name (First Middle Last):
Soc. Sec. #:
Date of Birth:
Place of Birth:
Immigration Status: (U.S. Citizen, Resident Alien, Mexican National, or Border Crosser)
Driver’s License/State ID #:
Physical Address:
Mailing Address:
Daytime Phone #:
Alien Registration #:
State:
Work Phone #:
Vehicle Owner Information (if applicable):
Address:
Address:
Owner:
Owner:
Lienholder:
Address:
Ins. Co.:
Policy Holder:
Phone #:
Phone #:
Purchase Date:
Phone #:
Address:
Policy #:
Loan Bal.
Have you ever had property seized for the same/similar violation as this one? __________
Have you ever been involved in, arrested and/or convicted of alien smuggling? __________
Have you ever had any property seized in connection with a narcotics violation? __________
Have you ever been arrested and/or charged with a narcotics violation? __________
If you answered YES to any of these, provide an explanation, details and the circumstances in your petition or offer.
I certify and declare, under penalty of perjury, under the laws of these United States, that the foregoing is true and correct.
______________
Signature
Date
A FALSE STATEMENT OR CLAIM MAY SUBJECT A PERSON TO PROSECUTION UNDER TITLE 18. U.S.C.. SECTION 1001 AND/OR 1621. AND MAY BE PUNISHABLE BY A FINE AND IMPRISONMENT
INSTRUCTION SHEET for Federal Vehicle Seizures
When you receive the “Notice of Seizure and Information to Claimants CAFRA Form,” it might include an INSTRUCT SHEET that provides:
INSTRUCTION SHEET
PLEASE READ AND FOLLOW ALL INSTRUCTIONS. Incomplete or partial submissions will not be processed. All submissions must be in the English language and addressed to: U.S. Border Patrol. Asset Forfeiture Office, USBP ASSET FORFEITURE. 15720 PINES BLYD. PEMBROKE PINES, FL 330271202.
Please include the following with all submissions:
1. Complete Name, Address & Social Security Number:
2. Seizing Agency (U.S. Customs and Border Protection):
3. Case number:
4. Date and place of seizure:
5. Complete description of the vehicle, including vehicle identification number;
6. Interest in the property supported by bill of sale/contracts, or other documentary evidence;
7. Certificate of Title, Lienholder Record or Vehicle Registration as proof of ownership/interest: (i.e., copies are acceptable; however change of ownership forms are NOT acceptable)
8. Statement of facts and circumstances that led to the seizure, and why you are legally entitled to relief from forfeiture:
9. Completed Election of Proceedings Form (Choose type of relief requested):
10. Completed Seized Asset Claim Form (ONLY if filing for judicial forfeiture);
11. Completed Personal Facts Sheet:
12. Cashier’s check (if submitting offer in compromise or offer to pay appraised domestic value of property).
A FALSE STATEMENT OR CLAIM MAY SUBJECT A PERSON TO PROSECUTION UNDER TITLE 18. U.S.C., SECTION 1001 AND/OR 1621, AND MAY BE PUNISHABLE BY A FINE AND IMPRISONMENT
This article was last updated on Thursday, May 16, 2024.
