If U.S. Customs and Border Protection (CBP) has seized your currency — whether cash or monetary instruments — while you are overseas, do not wait for a formal notice of seizure to arrive. Whether you are on vacation or living abroad, delaying action can cost you your money.
Why Waiting for a Notice of Seizure Is Risky
Under the Civil Asset Forfeiture Reform Act (CAFRA), specifically 18 U.S.C. § 983, CBP is required to send a notice of seizure that gives the recipient 30 days to respond. However, the method and reliability of delivery — especially to foreign countries — can jeopardize your ability to meet that deadline.
CBP may send the notice by regular mail, which is untrackable and insecure, or by registered mail, which is slow and often unreliable in international delivery systems. If the mail system in your country is inefficient or delayed, you may receive the notice after the 30-day deadline has already passed, leaving you with few legal options.
Real-World Example: A Costly Delay
A case involved a traveler whose $30,000 was seized by CBP on February 17. The notice of seizure was issued on March 18 and sent via registered mail to Brazil. The traveler received it on April 28 — 40 days after issuance, and 10 days past the deadline to file a petition.
When we requested an extension, CBP responded with a denial, citing the expiration of the statutory deadline. This left the traveler with only complex and expensive options, such as filing a motion to set aside the forfeiture under 18 U.S.C. § 983(e) — a remedy that is rarely successful and often burdensome.
What Makes This Unfair
CBP’s reliance on slow international mail — especially registered mail — creates a systemic disadvantage for foreign nationals and U.S. citizens abroad. The law assumes timely delivery, but in practice, delays are common. This undermines the intent of CAFRA’s notice provisions and can result in unintentional forfeiture of substantial sums of money.
Your Best Defense: Act Before the Notice Arrives
If your currency has been seized and you are overseas, do not wait for the notice of seizure. Contact a customs forfeiture attorney immediately. Begin preparing a petition for remission or mitigation or a claim to contest the forfeiture even before the notice arrives. This proactive approach ensures you are ready to respond the moment the notice is received — or even before — giving you the best chance to recover your seized money.
Key Takeaways
CAFRA gives you only 30 days to respond to a notice of seizure. International mail delays can cause you to miss that deadline, and CBP is not obligated to ensure timely delivery — only to send the notice. Legal remedies available after the deadline are limited and expensive. If you are overseas and your money has been seized, immediate legal help is not optional.
Need Help?
If your money was seized by CBP and you are currently overseas, visit our Money Seizures overview or learn how to get seized cash back from CBP. Contact us immediately to take the first step toward resolving your case and reclaiming your money. Call us at (734) 855-4999, send a text message, reach us on WhatsApp, or fill out our contact form.