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by Smokinjoe
on Sat Feb 19, 2005 3:05 pm |
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mamab wrote: No, I am not from New York, I live in Washington state. Apparently all of the cigs come through NY, because that seems to be the only place they are being siezed. I guess I will have to either take my chances online or go to a reservation...
So did you get a letter from customs?
I have not received any letters from a late Nov. order, just no smokes with no explanation of their whereabouts, I got my money refunded so at this point I would just as soon hope they fell through the cracks without a trace.
How long does it take to get this letter?
NJ |
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Smokinjoe
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Joined: Dec 16, 2004
Posts: 178
Location: New Jersey
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by ub
on Wed Feb 23, 2005 9:12 am |
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| I live in Illinois and just got the letter a week ago. |
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ub
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by ub
on Wed Feb 23, 2005 9:19 am |
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| Just FYI. The letter that I received was the same as 'MOOT' on page 2 of this thread. Sounds like I'm damned if I do either of their requests, and probably even more damned by doing nothing. Don't like this a bit. |
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ub
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by me too
on Wed Feb 23, 2005 10:13 am |
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Did some research on the web. I guess we all can relax because the letter says it is a civil administrative forfeiture, which is "in rem", i.e. only against an object, personifying the object as if it violated the law, NOT the person.
Any comments? |
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me too
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by Guest
on Wed Feb 23, 2005 10:53 am |
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ub wrote: Just FYI. The letter that I received was the same as 'MOOT' on page 2 of this thread. Sounds like I'm damned if I do either of their requests, and probably even more damned by doing nothing. Don't like this a bit.
What did They request in that letter? |
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by UB
on Thu Feb 24, 2005 3:02 am |
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As I previously said, it was the same thing that 'MOOT' said on page 2 of this thread..,
"...you may contest the seizure and forfeiture of the subject poperty in us district court by filing a claim, or you may consent to the forfeiture of the property through the administrative process and seek equitable relief from the forfeiture by filing a Petition for remission or mitigation of forfeiture..."
That basically sums it up, but there was several pages of legal BS. |
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UB
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by UB
on Thu Feb 24, 2005 3:07 am |
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'ME TOO'
So do we need to respond to the letter? |
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UB
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by ub
on Thu Feb 24, 2005 3:17 am |
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| 'addicted' are you still out there? As my letter stated that I respond in 30 days, I was wondering what happened in your case,since it's been at least a couple of months. |
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ub
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by me too
on Thu Feb 24, 2005 9:50 am |
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I believe no action is needed at the stage. If you consent to the forfeiture (and do not take any moves as a person with interest in the "property"), after 35 days the "administrative process" of this civil forfeiture will start, and that is the end of story.
If you choose either of the two options suggested in the letter, the case is still a civil forfeiture, but the "administrative" process will become a "judicial" process. But even for judicial process, it is against the object, not person.
Read yesterday's Wall Street Journal, and got to know that this Tobacco, ... section was under the D. of Treasury before. Later it came under the D. of Justice, which appears more scary.
Oh, I read all the codes mentioned in the letter. They are mainly procedural codes regulating how the authority should proceed. Only one code defines the violation of law and penalty. "Contraband cigarette" is the closest thing to my violation of law. But "contraband" is defined as >=60,000 cigarette. I got only one carton, evaluated at $10 in the letter. |
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me too
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by LadyBond
on Thu Feb 24, 2005 1:53 pm |
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| I live in CT & got the letter yesterday. I'm a nervous wreck & didn't even tell my husband about it because he'll have a fit. Does anybody know if we have to respond to this letter or what will happen if we ignore it. I don't know what to do. Thank got I found this thread on a google search. |
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LadyBond
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