Title 9 — Civil Practice

This chapter shall be known and may be cited as the ‘‘Georgia Uniform Civil Forfeiture Procedure Act.’’ (Code 1981, § 9-16-1, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.) 449 9-16-2 9-16-2. Definitions.

(a) If property is seized, the state attorney may: (1) Remove the property to a place designated by the superior court having jurisdiction over a civil forfeiture proceeding; (2) Place the property under constructive seizure by giving notice of pending forfeiture to its owners an…

(a) In actions in rem, the property which is the subject of the complaint for forfeiture shall be named as the defendant. The complaint shall be verified on oath or affirmation by a duly authorized agent of the 459 9-16-12 state in a manner consistent with Article 5 of Chapter 10…

(a) In actions in personam, the complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner consistent with Article 5 of Chapter 10 of this title. The complaint shall: (1) Describe with reasonable particularity the property which is soug…

Definitions. Jurisdiction. Venue. Notice to innocent owner of seizure of vehicle. Seizure of property. Reporting of seizure; role of state attorney. Forfeiture lien. Seized property not subject to replevin, conveyance, sequestration, or attachment; release of property; assignment…

(a) As used in this Code section, the term ‘injured person’ means any person who suffers a pecuniary loss or physical injury due to a violation of Code Section 16-5-46, Article 4 or 5 of Chapter 8 of Title 16, or Chapter 14 of Title 16. In the event that such person is a child or…

(a)(1) The state’s burden of proof shall be to show by a preponderance of the evidence that seized property is subject to forfeiture. (2) A property interest shall not be subject to forfeiture under this chapter if the owner of the interest or interest holder establishes that the…

As used in this chapter, the term: (1)(A) ‘‘Beneficial interest’’ means either of the following: (i) The interest of a person as a beneficiary under any written trust arrangement pursuant to which a trustee holds legal or record title to real property for the benefit of such pers…

(a) Property seized or forfeited pursuant to federal law, and such property or proceeds, authorized by such federal law to be transferred to a cooperating law enforcement agency of this state or any political subdivision thereof shall be utilized by the law enforcement agency or …

This chapter shall be liberally construed to effectuate its remedial purposes. (Code 1981, § 9-16-22, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.) 479

(a) A civil forfeiture proceeding shall be filed by a state attorney in the name of the State of Georgia in any superior court of this state and may be brought: (1) In the case of an in rem action, in the judicial circuit where the property is located; (2) In the case of an in pe…

A complaint for forfeiture pursuant to Code Section 9-16-12 or 9-16-13 shall be tried: (1) If the complaint for forfeiture is in rem against real property, in the county where the property is located, except where a single tract is divided by a county line, in which case the supe…

If a seized vehicle is registered to a person or entity that was not present at the scene of the seizure and whose conduct did not give rise to the seizure, the seizing officer or his or her designee shall make a reasonable effort to determine the name of the registered owner of …

(a) Property subject to forfeiture may be seized by any law enforcement officer of this state or any political subdivision thereof who has power to make arrests or execute process or a search warrant issued by any court having jurisdiction over the property. A court issued warran…

(a) When property that is intended to be forfeited is taken by any law enforcement officer of this state, within 30 days thereof the seizing officer shall, in writing, report the fact of seizure and conduct an inventory and estimate the value of the property seized and provide su…

(a) A state attorney may file, without a filing fee, a forfeiture lien upon the initiation of any civil forfeiture proceeding or criminal proceeding or upon seizure for forfeiture. The forfeiture lien filing shall constitute notice to any person claiming an interest in the proper…