When CBP seizes your currency at an airport or border crossing, the paperwork they give you — and the paperwork they send you afterward — controls everything that happens next. Missing a deadline, misunderstanding a form, or making a statement you should not have made can cost you the case even when the underlying facts support return of your money. Here is what to expect, what to watch for, and what to do.
The Custody Receipt: Your First Document
At the time of seizure, CBP should issue you a Custody Receipt for Seized Property and Evidence (CBP Form 6051S). This is the document that proves the seizure happened — it shows the amount seized, the CBP officer who conducted the seizure, the date and location, and critically, the FPF Number that identifies your case at the Fines, Penalties and Forfeitures (FP&F) office where the seizure occurred. Hold onto this document. Do not lose it.
The FPF number is how you — and your attorney — track your case, communicate with the FP&F office, and identify the specific file when deadlines approach. Without it, getting information about your case is significantly harder.
If CBP did not give you a custody receipt at the time of seizure, that is a serious problem. It is not unheard of, and it raises questions about how the seizure was handled. CBP officers are required to issue the receipt. If you did not receive one, contact us immediately — the absence of a receipt does not mean the seizure did not happen or that your money cannot be recovered, but it needs to be addressed directly and promptly.
The CAFRA Notice of Seizure
After the seizure, CBP is required under the Civil Asset Forfeiture Reform Act (CAFRA) to send you a formal Notice of Seizure and Information to Claimants. This notice — sometimes called the seizure notice or customs money seizure letter — is the document that starts your legal clock running. It sets out:
- The date, location, and circumstances of the seizure
- The alleged violations — typically failure to report under 31 U.S.C. § 5316, structuring under 31 U.S.C. § 5324, or bulk cash smuggling under 31 U.S.C. § 5332
- The amount seized and the legal basis for forfeiture
- Your options for responding — the Election of Proceedings form
- The deadlines for each option
CBP sends the notice by certified mail to U.S. addresses and by registered mail to international addresses. If CBP does not have a valid address for you, or if your country’s mail system is unreliable, the notice may arrive late — or not at all. That does not extend your deadline. Under CAFRA, the clock generally runs from the date the notice was mailed, not the date you received it. CBP can mail the notice on a Monday after dating it on a Friday, and every day of transit counts against your response window.
Why the Deadline Is More Dangerous Than It Looks
You generally have 30 days from the mailing date of the notice to file your Election of Proceedings. That window sounds reasonable until you account for mail transit time, the time it takes to find a lawyer, gather documentation, and understand your options. If you are outside the United States when the notice is mailed — traveling, living abroad, or simply slow to check your mail — the 30 days can expire before you have had a meaningful opportunity to respond.
Missing the deadline is not a technicality. It allows CBP to complete the administrative forfeiture process without any further input from you — permanently, without court review. We have written separately about cases where mail delays caused travelers to miss the CAFRA deadline and the extremely limited options available after that happens. The lesson is simple: if you know your money has been seized, do not wait for the notice to arrive before contacting a lawyer. Act immediately.
We move quickly to obtain the seizure notice on behalf of our clients as soon as they contact us. Without the notice in hand we cannot begin building your response, but we can often obtain it faster than waiting for the mail — and we can start preparing your case while we wait.
The Election of Proceedings: Your Three Options
The CAFRA Notice of Seizure includes an Election of Proceedings form — and the choice you make on that form determines the entire trajectory of your case. Treat this form with the seriousness of a legal filing, because that is exactly what it is. Your three options are:
- Administrative Petition for Remission or Mitigation — An internal CBP review requesting full or partial return of the seized funds. This is the most common path and keeps the matter within CBP’s administrative process rather than escalating to federal court. The burden is on you to demonstrate the money came from a legitimate source and was intended for a lawful purpose.
- CAFRA Seized Asset Claim — A formal legal challenge that forces the government to file a civil forfeiture complaint in federal court within 90 days or return your money. This shifts the legal burden to the government to prove the funds are subject to forfeiture. It is a more aggressive option and appropriate in specific circumstances.
- Offer in Compromise — A negotiated settlement proposing partial return of the funds in exchange for resolution of the forfeiture. Available in appropriate circumstances and sometimes the most practical path when a full return is unlikely.
The right option depends entirely on the facts of your case — the amount seized, how the money was discovered, what you said to CBP at the time, the source of the funds, and the documentation available to support your position. Read our detailed analysis of which option is best for your situation before making any decisions.
What Not to Do After a Seizure
The CAFRA notice includes instructions from CBP about how to respond. Read those instructions carefully — but do not rely on them as your only guide, and do not draft your response based solely on what CBP tells you. CBP’s instructions describe the process from the government’s perspective. They are not designed to help you make the strongest possible case for return of your money.
Several specific things to avoid:
- Do not admit to breaking the law in any written response or in any communication with CBP. Once you admit to a violation in writing, CBP can and will use that admission to justify keeping your money. There is a meaningful difference between explaining your circumstances and confessing to a federal offense.
- Do not call the FP&F office to explain yourself without counsel. Anything you say can be incorporated into the case record. Read our guide on why you must remain silent and not call customs after a seizure.
- Do not wait to contact a lawyer. The 30-day clock does not pause while you gather documents, research your options, or decide whether you need representation.
- Do not abandon your currency without understanding what that means. If CBP presents you with paperwork to sign at the time of seizure regarding your funds, do not sign anything without speaking to a lawyer first. Abandonment forecloses the options you would otherwise have.
What You Will Need to Prove
Regardless of which option you select, you will need to demonstrate that the money came from a legitimate source and was intended for a lawful purpose. The strength and specificity of your documentation directly determines your outcome. Useful evidence typically includes:
- Bank withdrawal records showing the source of the funds
- Tax returns or pay stubs establishing income
- Business records, invoices, or contracts explaining the purpose of the cash
- Real estate purchase agreements, vehicle sale records, or medical procedure documentation
- Statements from employers, business partners, or family members
- Any documentation specific to your travel purpose
The more specific and corroborated your documentation is, the better. A general statement that the money was for “family expenses” is far less effective than bank records showing a withdrawal of the exact amount three days before travel, combined with a statement from a family member explaining what the money was for. See our currency seizure case outcomes for examples of how documentation affects results in real cases.
Contact Us Immediately
We offer free consultations and can help you evaluate your options, obtain the seizure notice, gather the right documentation, and file a petition, CAFRA claim, or offer in compromise — whichever approach gives you the best chance of recovering your money. Call us at (734) 855-4999, send a text message, or reach us on WhatsApp. You can also read our full customs money seizure legal guide or watch the video series before reaching out.