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How do I get my money back from the US Customs and Border Protection?
Anonymous3 views3 answers
On October 7, 2014, I was traveling back home to California and the US Customs seized my cash that I hustled earning by selling cd's and t-shirts ($9885.00) I originally filed a Election of proceedings form and a Seized Asset Claim form with the help of someone that I can no longer get in touch with...I recently got a letter from the CBP wanting me to clarify whether I wanted the case to be processed administratively or referred for judicial processing. What is the difference? I live way in California so to go back and forth for court will be hard. What does this mean? How can I get my money back without going to court? I really don't have receipts because I sell Cd's and t'shirts on the street. I even set them some as proof but they returned them. What can I do? deadline is 4/47.
Deanna D. Clark-EspositoInternational Law AttorneyNew York, NY ·
Hi, Wow, you really need to contact an International Trade attorney fast because when you received that letter from US Customs you really needed to get legal counsel then prior to filing the Election of Proceedings form. We have different ways of addressing seizures and when you obtain counsel we generally are able to request additional time to respond on behalf of our clients. Feel free to reach out.
I formerly worked for this agency as a staff attorney. It sounds like you sent in ambiguous claim form regarding the seized items. Typically, you have two avenues of redress, administrative processing of the seizure and judicial forfeiture under Civil Asset Forfeiture Reform Act of 2000 (CAFRA). I would have to know more about your case to advise you which avenue is likely to lead to you getting some or all of your money back. Also, it depends on the theory they seized the items under. You should definitely contact an attorney, like myself, that has experience with civil forfeiture, specifically federal civil forfeiture as the rules between state and federal proceedings are quite different.
Michael David BirchmoreDUI / DWI AttorneyBlue Ridge, GA ·
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