# Justice Manual § 9-112.210: Sixty-Day Notice Period in All Administrative Forfeiture Cases

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-112.210

## Section

- **Citation:** Justice Manual § 9-112.210
- **Heading:** Sixty-Day Notice Period in All Administrative Forfeiture Cases
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-112.000 - Administrative And Judicial Forfeiture / Justice Manual § 9-112.210

## Text

Section 983(a)(1) requires that written notice of an administrative forfeiture action be sent to interested parties as soon as practicable but no later than 60 days after the date of the seizure. For interested parties determined after seizure, the written notice shall occur within 60 days after reasonably determining ownership or interest.
See
section 983(a)(1)(A)(v). Waivers of this notice deadline may be obtained in writing in exceptional circumstances from a designated official within the seizing agency.
See
section 983(a)(1)(B). The exceptional circumstances are those set forth in section 983(a)(1)(D).

If a waiver is granted, it must set forth the exceptional circumstances and be included in the administrative forfeiture case file. A waiver issued under this provision, however, is valid for no more than 30 days. If additional time is required, the waiver must be extended by a judicial officer pursuant to section 983(a)(1)(c).

If a seizing agency discovers that it has inadvertently failed to comply with a deadline for sending notice of the administrative forfeiture of property in a case where such deadlines apply, and the person from whom the property was seized has not waived the 60-day deadline, no further action may be taken to forfeit the property administratively based on the offense giving rise to the original seizure, and the property must be returned to the person from whom it was seized in accordance with section 983(a)(1)(F), unless the return of the property would be unlawful, or unless the Government, as soon as may be practicable, commences a judicial forfeiture proceeding by (1) naming the property in a criminal indictment or information and obtaining a judicial order pursuant to section 853(e) or (f) allowing it to hold the property; or (2) filing a civil judicial forfeiture action and retaining lawful possession of the property pursuant to an arrest warrant in rem.
See
Chapter 2 of the Asset Forfeiture Policy Manual
("
Sixty-Day Notice Period in All Administrative Forfeiture Cases
").
erty in a criminal indictment or information and obtaining a judicial order pursuant to section 853(e) or (f) allowing it to hold the property; or (2) filing a civil judicial forfeiture action and retaining lawful possession of the property pursuant to an arrest warrant in rem.
See
Chapter 2 of the Asset Forfeiture Policy Manual
("
Sixty-Day Notice Period in All Administrative Forfeiture Cases
").

[updated May 2010] [cited in
JM 9-119.010
]

## Nearby sections

- [Justice Manual § 9-112.110 Administrative Forfeiture Policy](https://www.frixlaw.com/law-library/statutes/JM_S9-112.110.md)
- [Justice Manual § 9-112.120 Interplay of Administrative Forfeiture and Criminal Forfeiture](https://www.frixlaw.com/law-library/statutes/JM_S9-112.120.md)
- [Justice Manual § 9-112.130 Requesting the Seizing Agency to Suspend the Administrative Forfeiture](https://www.frixlaw.com/law-library/statutes/JM_S9-112.130.md)
- [Justice Manual § 9-112.140 Conversion of Administrative Forfeitures Covered by the Customs Carve-Out in CAFRA to Judicial Forfeitures](https://www.frixlaw.com/law-library/statutes/JM_S9-112.140.md)
- [Justice Manual § 9-112.150 Seizure Pursuant to a Criminal Warrant: Availability of Administrative Forfeiture](https://www.frixlaw.com/law-library/statutes/JM_S9-112.150.md)
- [Justice Manual § 9-112.160 Motions for Reconsideration in Criminal Forfeiture Cases](https://www.frixlaw.com/law-library/statutes/JM_S9-112.160.md)
- [Justice Manual § 9-112.170 Preference for Federal Forfeiture](https://www.frixlaw.com/law-library/statutes/JM_S9-112.170.md)
- [Justice Manual § 9-112.210 Sixty-Day Notice Period in All Administrative Forfeiture Cases](https://www.frixlaw.com/law-library/statutes/JM_S9-112.210.md)
- [Justice Manual § 9-112.220 Policy on the Deadline for Filing a Civil Forfeiture Action in Cases that do not Begin as Administrative Forfeiture Proceedings](https://www.frixlaw.com/law-library/statutes/JM_S9-112.220.md)
- [Justice Manual § 9-112.230 Preservation Policy for Civil Forfeiture](https://www.frixlaw.com/law-library/statutes/JM_S9-112.230.md)
- [Justice Manual § 9-112.240 Prior Approval Requirements](https://www.frixlaw.com/law-library/statutes/JM_S9-112.240.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-112.210. Check the current official text before relying on it. Not legal advice.