FAQs for Online Petitions
Filing a Petition
1. What’s the difference between a petition and a claim?
A person who files a petition is not contesting the forfeiture. The petitioner either wants his/her interest in the asset to be recognized or is a victim of the crime(s) underlying the forfeiture. If the asset is forfeited to the government, the petitioner wants to be compensated for his/her interest.
A person who files a claim is contesting the seizure and is requesting to pursue the matter in court. The claimant believes the asset was not part of an illegal activity and was not purchased through ill-gotten gains.
2. How do I begin the process for filing a petition?
The www.forfeiture.gov website provides all the information you need to get started. To file a petition, you must describe the seized property, identify your interest in the seized property, and swear under oath to those facts. You may file a petition by mail or online. The Petitions page will describe your filing options. Be sure to view the Online Petition Help Video, if you chose to file online.
3. What are the deadlines for filing a petition?
If you received a notice letter from the federal agency, then your petition must be received by the federal agency no later than 30 days after the day you received the notice letter. If you did not receive a notice letter, then a petition can be filed no later than 30 days after the final publication of the Public Notices of Forfeiture found on www.forfeiture.gov. More information about deadlines for filing a petition can be found on the Petitions page.
Petitioners who are victims of the crime(s) underlying the forfeiture of the asset(s) may file a petition until 60 days after the forfeiture of the asset(s).
4. What forms are required to file a petition and where can I find them?
There is no required form to file a petition. You can file the petition in any format you choose. However, two convenient options are available for filing a petition: 1) filing online or 2) filing by mail using a standard petition form.
If you choose to file online, the online application will guide you through all the requirements using an online form. Be sure to view the Online Petition Help Video.
If you choose to file by mail, a standard paper form and its instructions can be found on the Petitions page. This standard form covers every requirement for filing a petition and may be printed, filled out, and mailed to the appropriate federal agency.
5. What supporting evidence is required to prove my interest in the asset?
Supporting evidence is not required to file a petition, however you may submit documentation to substantiate your petition. Documents that identify your interest in the property may include title paperwork, bank records, receipts, etc. If you do not include any supporting evidence when filing your petition, it may be requested from you at a later date.
6. Do I need an attorney to file a petition?
No, you do not need an attorney to file a petition. However, you have the option to hire legal counsel to represent you in filing the petition. Legal counsel will have the ability to file a petition on your behalf either online or by mail. However, you will need to sign the petition before legal counsel can file it.
7. Can I file a petition for more than one asset at a time?
Yes, you may file a petition for multiple assets at one time.
If filing online, you may file one petition and include multiple assets from multiple federal agencies. The system will automatically direct your petition to the appropriate agencies.
If filing by mail, you may identify multiple assets on your petition, but all assets must have been noticed by the same federal agency. If you are petitioning for assets noticed by multiple federal agencies, then you will have to file a separate petition to each agency for assets noticed only by that agency.
8. How do I file my petition by mail?
To file your petition by mail, you must state your interest in the asset(s) and you may provide copies of documents that support your petition. You can also print your online petition form and mail it to the appropriate federal agency.
Petitions filed by mail should be sent to the agency that sent you the notice letter or the agency that is identified on the public notice for the asset you are petitioning. Addresses for each agency are listed on the Petitions page.
9. I want to file a petition using the online process. How do I start?
From the www.forfeiture.gov website, click on the Petitions page and then click on File Your Petition Online. You will need to enter your email address so the system can send you a tracking number. This tracking number will be used throughout the lifecycle of your online petition. Once the tracking number is entered, you can start entering the required information. Keep your tracking number in a safe place. Be sure to view the Online Petition Help Video.
10. How do I find my assets when filing online?
Once you start the online process to file a petition, you will be directed to a Search page so you can identify assets. The following search options are available to assist you in finding your assets:
- Asset ID
- Notice Letter ID – Unique identifier for each notice letter sent that is printed in the "seized asset information table" on the notice letter you received.
- Court Case Number – wildcard search is available
- Judicial District
- Asset Type
- Seizing Agency
- Seizure Address – wildcard search is available
- Seizure City – wildcard search is available
- Seizure State
- Seizure Date
If your asset is retrieved using the search, then you can include that asset in your petition. If the asset is not retrieved, then your asset is no longer available for online filing.
11. Why is my asset not available online?
There are a variety of reasons why an asset may no longer be available. These include, but are not limited to:
- The asset was forfeited more than 60 days ago.
- The asset was returned to the owner.
- The federal agency has decided not to forfeit this asset.
However, you may still file a petition for that asset by mail. You must submit all required information to the appropriate seizing agency. Addresses for each agency are listed on the Petitions page.
12. What if I do not know the answer to some of the questions on the online petition and/or need more than one session to complete my online petition?
Your work can be saved while you research any information required of you during the petition process. However, you only have 30 days to file your petition online. You will not be allowed to submit your petition online if any required information is not entered.
However, this 30-day window to file a petition online does not take into account your deadline to file a petition. While the online system gives all users 30 days to file online, you still must file your petition by the deadline date. Please see question 3 above for more information.
13. How do I resume filing my online petition?
If you started your online petition within the past 30 days, click on the "Petitions" link at the top right hand corner of the Home Page and then click on "File Your Petition Online". At the bottom of the screen, you can select "Resume Petition". You will be asked to enter your tracking number from the original submission. Follow the directions on the screen to continue your petition. Please note that if you started your petition more than 30 days ago, you will have to start the petition process over and you must still file your petition by the deadline date.
14. Can I file a petition online if I am the legal guardian of or have power of attorney for the petitioner?
Yes, you may file an online petition if you are the legal guardian of or have power of attorney for the petitioner. When filing, you will be asked if the petitioner has an attorney representing them for this petition. Unless there is an outside attorney hired to represent the petitioner, please select "No" for this question. Being a legal guardian of or having power of attorney for the petitioner does not mean you are the attorney representing them for this petition.
15. Does filing a petition online ensure that it will be granted?
Filing a petition online does not ensure that the petition will be granted. Petitions will be reviewed individually and ruled on by the investigative agency or the Department of Justice, Money Laundering and Asset Recovery Section (MLARS). To help with the processing of your petition, please make sure to include all necessary information and all available supporting documentation.
16. Can I file a petition for reconsideration online?
No. A Petition for Reconsideration can only be filed by mail. You must send your petition for reconsideration to the appropriate federal agency via U.S. mail or commercial carrier as instructed. See 28 C.F.R. Part 9.
17. What if I have technical problems when using the online filing option?
You may contact the Forfeiture Systems Help Desk for technical assistance at AFMS.firstname.lastname@example.org. The Forfeiture Systems Help Desk will not be able to answer any legal questions or provide assistance on the content of your petition.
After a Petition is Filed
1. Can I revise my petition after I have filed it online?
If you need to make any changes to your filed petition, you must send an amendment to the appropriate federal agency via U.S. mail or commercial carrier. Make sure to include the following when submitting an amendment:
- Your full name
- Your online tracking number
- The relevant asset ID(s)
- Your signature
The address for each agency can be found on the Petitions page.
2. How do I track the progress of my petition? Who can I call for updates?
The appropriate federal agency will contact you about your petition by U.S. mail or commercial carrier to let you know about the status of your petition and the necessary next steps.
You may contact the appropriate agency for more information.
3. Who rules on the petition?
Petitions are ruled on by legal counsel at either the Investigating Agency or the Department of Justice, Money Laundering and Asset Recovery Section. (MLARS).