§ 9-16-10.Disposition of seized property

Chapter 16. Uniform Civil Forfeiture Procedure Act · Last amended 2015 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-16-10 gives the state attorney several options for handling seized property, lets the court order a sale of depreciating, perishable, or costly-to-keep property with the proceeds paid into the court registry, and requires currency and negotiable instruments not needed as evidence to be deposited or secured within 60 days of seizure in a separate, interest-bearing account at a qualifying financial institution, with accrued interest paid annually into the county drug fund.

Full Text of § 9-16-10

Text sizeJump to: (a) (b) (c)

(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 and interest holders and filing notice of seizure in any appropriate public record relating to the property. Notice of a pending forfeiture may be posted in a prominent location in the courthouse for the jurisdiction having venue for the forfeiture if the owners’ and interest holders’ names are not known;

(3) Remove the property to a storage area within the jurisdiction of the court for safekeeping;

(4) Provide for another governmental agency, a receiver appointed by the court pursuant to Chapter 8 of this title, an owner, or an interest holder to take custody of the property and remove it to an appropriate location within the county where the property was seized; or

(5) Require the sheriff or chief of police of the political subdivision where the property was seized to take custody of the property and remove it to an appropriate location for disposition in accordance with law.

(b)

(1) The court, upon motion of the state attorney, a claimant, or the custodian of the property, may order property or any portion thereof to be sold upon such terms and conditions as may be prescribed by the court if the expense of keeping such property which has been attached or seized is excessive or disproportionate to the value of such property or such property:

(A) Is a depreciating asset;

(B) Is perishable or is liable to perish or waste; or

(2) The income from such sale shall be paid into the registry of the court pending final disposition of a civil forfeiture proceeding.

(c)

(1) If the property is currency and is not needed for evidentiary purposes, within 60 days of the seizure the seizing agency, or the state attorney if he or she has possession of such currency, shall deposit the currency into an account:

(A) That is separate from other operating accounts;

(B) That bears interest, if such account is available; and

(C) At a financial institution that has a branch location within the county where the civil forfeiture proceeding is located, and if such financial institution is not available, at a financial institution approved by the chief superior court judge of the circuit in which such county is located.

(2) If the property is a negotiable instrument and is not needed for evidentiary purposes, within 60 days of the seizure the seizing agency, or the state attorney if he or she has possession of such item, shall secure the negotiable instrument in a financial institution that has a branch location within the county where the civil forfeiture proceeding is located, and if such financial institution is not available, at a financial institution approved by the chief superior court judge of the circuit in which such county is located. If such instrument is converted to currency, it shall be deposited in accordance with paragraph (1) of this subsection.

(3) The account holder shall annually pay any interest that accrues under this subsection into the County Drug Abuse Treatment and Education Fund established pursuant to Article 6 of Chapter 21 of Title 15 at the same time the account holder files its annual report in accordance with subsection (g) of Code Section 9-16-19.

End

Plain-English Summary

Once property is seized, the state attorney doesn’t have to handle it any one way. Subsection (a) lists five options: move it to a place the court designates; place it under constructive seizure by recording notice against it and notifying owners and interest holders (or posting notice at the courthouse if they’re unknown); move it to court-supervised storage; hand custody to another governmental agency, a court-appointed receiver, an owner, or an interest holder; or have the local sheriff or police chief take custody for disposition.

Some property doesn’t hold its value well while a case is pending. Subsection (b) lets the court, on a motion from the state attorney, a claimant, or the custodian, order a sale if the cost of keeping the property is excessive or disproportionate to its worth, or if the property is depreciating, perishable, or losing value the longer it’s held. The income from that sale goes into the court registry until the case is resolved.

Currency and negotiable instruments get their own timeline. If they’re not needed as evidence, the seizing agency or state attorney has 60 days from the seizure to deposit currency into a separate, interest-bearing account (where one is available) at a financial institution with a branch in the county where the case is pending, or a court-approved substitute if none is available; a negotiable instrument gets secured the same way, and converted currency follows the same deposit rule. Whoever holds the account pays any interest it earns, once a year, into the County Drug Abuse Treatment and Education Fund.

Frequently Asked Questions

What can the state do with property right after seizing it?

Under subsection (a), the state attorney may move it to a court-designated location, place it under constructive seizure with notice, move it to secure storage, hand custody to another agency, a receiver, an owner, or an interest holder, or have the sheriff or police take custody for disposition.

Can the court order seized property sold before the forfeiture case is decided?

Yes, under subsection (b), if the expense of keeping the property is excessive or disproportionate to its value, or the property is depreciating, perishable, or losing value the longer it’s kept — the sale proceeds go into the court registry.

How quickly does seized cash have to be deposited into an account?

Within 60 days of the seizure, unless the currency is needed for evidence, it must go into a separate account that bears interest where available, at a financial institution with a branch in the relevant county, or a court-approved substitute.

What happens to interest earned on seized currency while a case is pending?

The account holder pays it annually into the County Drug Abuse Treatment and Education Fund, alongside the account holder’s required annual report.

Can seized property be handed over to its owner or an interest holder while the case is pending?

Yes. One of the custody options under subsection (a) lets the state attorney provide for an owner or interest holder to take custody and move the property to an appropriate location within the county.

Amendment History

Code 1981, § 9-16-10, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission. Last verified July 17, 2026. · Official source

Also known as: Georgia forfeiture seized property dispositionseized cash 60 day deposit GeorgiaGeorgia forfeiture depreciating perishable property salecounty drug abuse treatment fund forfeiture interest