Vehicle Seizure
US Customs and Border Protection or the CBP can take away or seize your car, truck, or any vehicle if they claim to have cause to believe that your vehicle was carrying illegal aliens or contraband such as drugs. In many cases, the driver may not even own the car or vehicle and they are pulled over and “detained” even if they are not arrested for the crime they are suspected of committing. Under federal law 19 USC 1595(a) part of the penalty of being contraband across the border is the forfeiture of your car.
Where Do Vehicle Seizures Take Place?
We have many clients that have loaned their car to a friend or a family member has borrowed it only to never see the car again. The owner might have responded to a Snapchat, Whatsapp, or Instagram ad to transport someone’s package or friends almost like an Uber or Lyft. And many people are still paying on the loan or lease for the car they just got and don’t know where their car or vehicle may have been taken. Cars are usually seized crossing the international border crossing like San Ysidro, Otay, Tecate, and Calexico POE or when traveling close to the border in Campo, CA, Pine Valley, CA, and El Centro, CA. And many times the cars or trucks are taken away at an immigration checkpoint such as Temecula, Pine Valley, or Buckman Springs along with San Onofre along the I-5 or I-8. So the Driver is embarrassed to tell their parents, friends, or family that the car was taken away even though they were not arrested for a crime.
What Happens Next After My Car is Taken Away and Seized?
The Government will try to forfeit the vehicle generally under the law 18 USC 983 where they are required to send the registered owner of the car a 4-page letter in about 30 days from taking the car entitled “Notice of Seizure and Information to Claimants CAFRA FORM” In that letter it will underline that there are two important documents – and “Election of Proceedings” form and a “Seized Asset Claim” form and that you must choose between the four choices in Election of Proceedings or file a claim. It is very confusing, and although you are told you do not need a lawyer, you will be reminded you could do jail time if you tell any kind of a lie on the form you choose to send back within 30 days. Although many people are smart and understand the law, this is very confusing and many clients would rather pay a nominal fee to a forfeiture law firm that knows how and what forms to file to get their client’s car or vehicle returned with the least amount of towing and storage charges.
