18 USC 983 sets major rules for many federal civil forfeitures, including notice, claims, proof, and innocent-owner defenses. It does not govern every government seizure or every forfeiture statute in exactly the same way. Identify the seizing agency, statute, property, and type of proceeding before deciding which deadline applies. [1]
Notice and a claim start different clocks
For covered nonjudicial forfeitures, the government generally must send notice within sixty days of seizure, subject to statutory alternatives, extensions, and special rules. A claimant’s deadline is separate: the personal notice must allow at least thirty-five days from mailing, while the statute provides a publication-based rule when the letter is not received. Read the actual notice immediately. [1]
Do not count on a postmark preserving the claim. The official forfeiture instructions say a mailed or commercially delivered administrative claim is filed when the agency receives it. The notice identifies where and how to submit it. [2]
A claim contests forfeiture in court
The claim must identify the property, state the claimant’s interest, and be made under oath or the required penalty-of-perjury declaration. A petition for remission or mitigation asks for administrative relief; it is not automatically a substitute for the claim that contests forfeiture judicially. [1][2]
After a qualifying administrative claim, Section 983 generally gives the government ninety days to file the civil forfeiture complaint, return the property, or take a permitted alternative involving criminal forfeiture, subject to extensions and statutory conditions. This is not the same as the deadline for answering a complaint already filed in court. [1]
The proof burdens are different
In a covered civil forfeiture suit, the government generally must establish forfeiture by a preponderance of the evidence. A facilitating-property theory requires a substantial connection to the offense. The claimant bears the burden of proving an innocent-owner defense, also by a preponderance. [1]
The defense’s requirements differ depending on when the interest was acquired. A bare assertion that the owner was not charged with a crime does not establish every element of innocent ownership.
Preserve the ownership record
- The seizure and notice documents.
- Deeds, titles, account records, and purchase agreements.
- Evidence of the source of funds and ownership date.
- Proof of timely claim delivery.
Compare criminal forfeiture under Section 853 and forfeiture associated with criminal-proceeds transactions. Similar property can be involved, but the procedures and defenses differ.
Primary sources
Sources checked: October 31, 2026.