Introduction
If U.S. Customs and Border Protection (CBP) has seized your currency—whether cash or monetary instruments—while you’re overseas, do not wait for a formal notice of seizure to arrive. Whether you’re 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.
- 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. (Need to know the difference? Read: Petitions vs Claims for Cash Seized by CBP)
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 the deadline.
- CBP is not obligated to ensure timely delivery, only to send the notice.
- Legal remedies after the deadline are limited and expensive.
- Immediate legal help is essential, especially if you are overseas.
Need Help?
If your money was seized by CBP and you’re currently overseas, visit our Money Seizures Overview or learn What to Do If CBP Seizes Your Money. Our experience can help you act quickly and protect your rights.
Take Back Control of Your Money Today
Don’t let a failure to report cash to Customs ruin your travel plans or financial stability. At Great Lakes Customs Law, we understand the complexities and emotional stress that come with currency seizures. We have the experience and are here to help you navigate the legal process and fight for your rights.
Act Now to Protect Your Cash
- Contact Us for a Free Consultation: Lets discuss your case and explore your legal options. We will listen to your story, understand your needs, and develop a tailored strategy to recover your seized money.
- Gather Your Documentation: Start collecting all relevant documents, such as bank statements and tax returns, to support your case. We will guide you on the best way to present this information.
- Stay Informed and Prepared: We will keep you updated on the progress of your case and provide you with the knowledge and tools you need to make informed decisions.
Don’t Delay – There is No Time to Waste
Every moment counts after a Customs cash seizure. Contact us immediately to take the first step towards resolving your case and reclaiming your money. Call us at (734) 855-4999 or fill out our online contact form to get started.