\ slb \ SERVICE LAW BOOKS MENU \ TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) \ 8 CFR PART 274 -- SEIZURE AND FORFEITURE OF CONVEYANCES \ § Sec. 274.10 Judicial forfeiture proceedings upon claim and bond.
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Sec. 274.10 Judicial forfeiture proceedings upon claim and bond.
Any person claiming ownership of a seized conveyance with an appraised value that does not exceed the monetary amount set forth in title 19, U.S.C., section 1607 may obtain judicial forfeiture proceedings in United States District Court by filing a claim and a bond as follows: (TM 4/91)
The claim must set forth the basis of the claimed ownership and allege why the conveyance was not subject to seizure;
The claim must be filed in the office specified in the notice and the advertisement as provided in Sec. 274.8 and Sec. 274.9 of this part within 20 days of the date of first publication of the advertisement;
The claim must be accompanied by a bond in the amount of the lesser of $5,000 or ten percent of the appraised value of the seized conveyance, but in no event less than $250, in the form of cash or certified check; and
If the bond is in the form of a check, it must be drawn payable to the Department of Justice. The costs and expenses of the judicial forefeiture proceedings will be paid from the bond, following completion of the proceedings. Any balance remaining shall be returned to the claimant. (TM 4/91)
The regional commissioner may waive the bond requirement in the manner provided in Sec. 103.7(c)(1) of this chapter.
The filing of a claim and a bond does not entitle the claimant to possession of the conveyance.