\ slb \ SERVICE LAW BOOKS MENU \ Operating Instructions \ OI 274 Seizure and forfeiture of conveyances. \ OI 274.10 Requirements as to claim and bond.
Previous Document Next Document
OI 274.10 Requirements as to claim and bond.
Claim and cost bond requirements are set forth in
8 CFR 274.10
To obtain a judicial determination of forfeiture of a conveyance with an appraised value not exceeding $10,000, a person claiming ownership must file a claim accompanied by a cost bond in the sum of $250 with the Regional Commissioner within 20 days of the date of first publication (pursuant to
8 CFR 274.9
of the notice of seizure and intention to forfeit.
To be timely nd properly filed, a claim and bond must be receive by the Regional Commissioner no later than the 20th day after the date of the first publication of the notice.
If the claim and cost bond are not timely and properly filed, they shall be returned with a cover letter setting forth the deficient or untimeliness. The claimant shall be further advised that the deadline for filing of the proper claim ad cost bond cannot be extended.
A claim and cost bond which are timely and properly filed, shall be acknowledge by advising the filling party that proceedings will be commenced in a United States District Court. The claim and a report on the seizure of the conveyance shall then be transmitted to the United States Attorneys for the judicial district in which the seizure occurred for the commencement of a judicial forfeiture proceeding.
The timely and proper filing of a claim and cost bond does not entitle the claimant to possession of the seized conveyance but does preclude summary forfeiture of the conveyance.