CBP Vehicle Seizure Frequently Asked Questions (FAQs)

U.S. Customs and Border Protection taking your car is one of the most stressful situations to be in. It’s important to find an asset forfeiture attorney you trust to negotiate on your behalf and fight for you. At San Diego Defenders – Forfeiture Law Firm, our priority is to help you fight your CBP vehicle seizure and get your car back as quickly and at as low a cost as possible.

After helping hundreds of clients get their seized vehicles back nationwide, here are some frequently asked questions we here at San Diego Defenders – Forfeiture Law Firm have observed:

When/why can CBP seize my vehicle?

CBP can seize a vehicle if it’s suspected of being used to illegally transport contraband, such as drugs or smuggled goods, or if it is involved in other illegal activities related to customs and border enforcement.

Seizures can also occur if a vehicle is found to be in violation of customs laws, import regulations, or if it is suspected of being stolen or used for illegal immigration purposes.

CBP can seize your vehicle when there is evidence that you may have violated federal law under 18 USC 983, even if they cannot prove the crime. The vehicle can be forfeited and then auctioned.

 

What does the length of the CBP vehicle seizure process look like?

After getting your vehicle seized, Customs and Border Protection (CBP) sends all registered owners a nine-page notice of seizure of letter via certified mail.

The letter typically arrives 3-4 weeks after the vehicle seizure, but CBP has 30 to 60 days to send you this Notice of Seizure and Information to Claimants CAFRA form.

Included in this is the Election of Proceedings Form. You have 30 days to respond and indicate if you would like to attempt to get your vehicle back or forfeit it to the Federal Government.

If you choose to retain San Diego Defenders – Forfeiture Law Firm, our attorney chooses the best and quickest option based on your case. U.S. attorneys have 90 days to respond to and negotiate claims with Attorney Smith.

 

Can I get my car back from CBP if my parents or I are undocumented?

Many clients do not have immigration papers or are working on citizenship and think that attempting to get their vehicle back will result in deportation, which we have NEVER had happen to a client.

We use the US Constitution to protect our clients and have NOT had any issues in the past.

We pledge to keep that record intact.

 

Should I take CBP’s advice to get my car back?

PLEASE DO NOT ask CBP for advice or take legal advice from CBP. They are NOT your friend.

CBP thinks you may have committed a crime, and they might sell your vehicle and keep the money.

CBP will give you advice that makes it easier for them to forfeit and sell your car at auction.

CBP officers cannot lawfully give legal advice (they are not lawyers and want your vehicle). They tend to give incorrect advice with good intent, but CBP employees and officers or agents are not trained in law school or taught the statutes governing federal seizure and forfeiture.

The most common advice CBP gives when you call their office is a recommendation to file a Petition– hence our next frequently asked question.

 

Should I file my own petition for remission or file a claim?

We do NOT recommend filing your own petition to get your car back from CBP. The most important reason is that there is no time limit for the CBP to make a decision. This means it could take months before they deny your petition or ask for a huge fine and fees for towing and storage.

Vehicle owners also tend to write things in the Petition that make it easier for CBP to forfeit your vehicle after you submit under penalty of perjury. There are no takebacks allowed!

We have many calls where the client files a petition, gets denied months later, then files an appeal (requiring new information), and then gets denied again. After that happens, San Diego Defenders – Forfeiture Law Firm will NOT take the case because we only take cases we feel we can win and get the vehicle returned.

 

Can an out-of-state attorney help me get my car back from CBP?

Yes! San Diego Defenders Forfeiture Law Firm successfully represents most clients in the San Diego Sector but has also represented cases in Arizona, Texas, and many other states.

We can handle CBP vehicle seizure cases in all 50 states nationwide.

 

Should I speak to an attorney about my CBP car seizure?

Yes! Since many lawyers are unfamiliar with seizure law, it is best to speak to a lawyer from a law firm that emphasizes this specialized area of practice.

We at San Diego Defenders – Forfeiture Law Firm have handled hundreds of these forfeiture cases, and you can call us at (619) 258-8888 for a free, confidential consultation.

We offer payment plans and save clients money and time in getting their vehicle returned. We speak Spanish, handle 99.9% of cases by email and phone, and have client reviews that match almost all situations you may face.

We are a small but well-known office by U.S. Customs and Border Patrol.

We believe we can get vehicles returned to virtually all clients, so call us and let us explain how our system can make your experience stress-free. We do not take vehicle forfeiture cases that we think we cannot win.