Legal issues
Under section 303Z9, a forfeiture notice must give an objection period of at least 30 days starting the day after it is given. An objection is made when received at the specified address, so sending it on the final day may be unsafe. A timely objection prevents forfeiture by the unopposed-notice route, but does not prevent a court application. Section 303Z14 allows the court to consider whether the money is recoverable property or intended for unlawful conduct.
This guide concerns England and Wales.
For the wider service, see Account Freezing Order Solicitors. Related decisions are covered in Third-party property interests in POCA and Benefit and available amount in confiscation.
Evidence that matters
Prepare a source-of-funds trail for each disputed credit: payer, date, contractual reason, original source and onward movement. Match invoices to actual trading records, not just documents generated after the freeze. Salary, inheritance, property proceeds and loans call for different supporting evidence. Explain currency conversions and transfers through several accounts.
Reasonable lines of enquiry
Ask whether the authority challenges every sum or only identified transactions. Reconcile the account balance with the amount sought. For mixed funds or another person’s money, identify the legal and evidential basis of the claim rather than asserting that a joint account gives equal entitlement to everything in it.
What happens next
An objection and the final evidential response serve different purposes. Secure the objection deadline, then address the authority’s case and the directions for any hearing. Court proceedings may result in full forfeiture, partial forfeiture or refusal. A pending application can affect how long the freeze continues. The absence of a criminal conviction does not, by itself, defeat this civil recovery process.
Immediate steps
Record service and receipt dates, preserve the envelope or email, and obtain confirmation that any objection reached the stated destination. Do not move funds contrary to the order or ask someone else to disguise their ownership. Check separate deadlines for any challenge to an order already made.
What should you send us?
Send the freezing order, forfeiture notice or application, evidence served by the authority, complete relevant statements and the documents explaining the disputed money.