§ 9-16-12.In rem forfeiture

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

In one sentenceO.C.G.A. § 9-16-12 governs in rem forfeiture complaints — naming the property itself as defendant, requiring a verified complaint with specific content, setting service and publication rules, giving an owner or interest holder 30 days to file a verified answer, and requiring a bench trial within 60 days after the last claimant is served if an answer is filed, with discovery barred absent court permission.

Full Text of § 9-16-12

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(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 state in a manner consistent with Article 5 of Chapter 10 of this title. Such complaint shall describe the property with reasonable particularity; state that it is located within the county or will be located within the county during the pendency of the action; state its present custodian; state the name of the owner or interest holder, if known; allege the essential elements of the criminal violation which is claimed to exist; state the place of seizure, if the property was seized; and conclude with a prayer of due process to enforce the forfeiture.

(b)

(1) A copy of the complaint and summons shall be served on any person known to be an owner or interest holder and any person who is in possession of the property.

(2) Issuance of the summons, form of the summons, and service of the complaint and summons shall be as provided in subsections (a), (b), (c), and (e) of Code Section 9-11-4.

(3) If real property is the subject of the complaint for forfeiture or the owner or interest holder is unknown or resides out of this state or departs this state or cannot after due diligence be found within this state or conceals himself or herself so as to avoid service, a copy of the notice of the complaint for forfeiture shall be published once a week for two consecutive weeks in the legal organ of the county in which the complaint for forfeiture is pending. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such complaint for forfeiture and from any sale of the property resulting therefrom, but shall not constitute notice to an interest holder unless that person is unknown or resides out of this state or departs this state or cannot after due diligence be found within this state or conceals himself or herself to avoid service.

(4) If tangible property which has not been seized is the subject of the complaint for forfeiture, the court may order the sheriff or another law enforcement officer to take possession of the property. If the character or situation of the property is such that the taking of actual possession is impracticable, the sheriff shall execute process by affixing a copy of the complaint and summons to the property in a conspicuous place and by leaving another copy of the complaint and summons with the person having possession or his or her agent. In cases involving a vessel or aircraft, the sheriff or other law enforcement officer shall be authorized to make a written request with the appropriate governmental agency not to permit the departure of such vessel or aircraft until notified by the sheriff or the sheriff’s deputy that the vessel or aircraft has been released.

(c)

(1) An owner of or interest holder in the property may file an answer asserting a claim against the property in the action in rem. Any such answer shall be filed within 30 days after the service of the summons and complaint. If service is made by publication and personal service has not been made, an owner or interest holder shall file an answer within 30 days of the date of final publication. An answer shall be verified by the owner or interest holder under penalty of perjury. In addition to complying with the general rules applicable to filing an answer in civil actions as set forth in Article 3 of Chapter 11 of this title, the answer shall set forth:

(A) The name of the claimant;

(B) The address at which the claimant resides;

(D) A description of the circumstances of the claimant’s obtaining an interest in the property and, to the best of the claimant’s knowledge, the date the claimant obtained the interest and the name of the person or entity that transferred the interest to the claimant;

(E) The nature of the relationship between the claimant and the person who possessed the property at the time of the seizure;

(F) A copy of any documentation in the claimant’s possession supporting his or her answer; and

(G) Any additional facts supporting the claimant’s answer.

(2) If the state attorney determines that an answer is deficient in some manner, he or she may file a motion for a more definite statement. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within 15 days after notice of the order, or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just. If a motion for a more definite statement is filed, the time requirements for a trial set forth in subsection (f) of this Code section shall not commence until a sufficient answer has been filed.

(d) In addition to any injured person’s right of intervention pursuant to Code Section 9-16-16, any owner or interest holder or person in possession of the property 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 may be permitted to intervene in any civil action brought pursuant to this Code section or Code Section 9-16-13 as provided by Chapter 11 of this title.

(e) If at the expiration of the period set forth in subsection (c) of this Code section no answer has been filed, the state attorney may seek a default judgment as provided in Code Section 9-11-55 and, if granted, the court shall order the disposition of the seized property as provided for in Code Section 9-16-19.

(f) If an answer is filed, a bench trial shall be held within 60 days after the last claimant was served with the complaint; provided, however, that such trial may be continued by the court for good cause shown. Discovery as provided for in Article 5 of Chapter 11 of this title shall not be allowed; however, prior to trial, any party may apply to the court to allow for such discovery, and if discovery is allowed, the court may provide for the scope and duration of discovery and may continue the trial to a date not more than 60 days after the end of the discovery period unless continued by the court for good cause shown.

(g) An action in rem may be brought by the state attorney in addition to or in lieu of any other in rem or in personam action brought pursuant to this chapter.

End

Plain-English Summary

An in rem forfeiture proceeds against the property itself, which the statute requires to be named as the defendant. The complaint has to be verified by a state agent under oath, describe the property with reasonable particularity, state where it’s located (or will be during the case) and who currently has custody of it, name any known owner or interest holder, allege the essential elements of the underlying criminal violation, state where the seizure occurred if there was one, and close with a request for the court to enforce the forfeiture.

Service follows the general rules for process under Code Section 9-11-4 for any known owner, interest holder, or possessor. When real property is involved, or when an owner or interest holder is unknown, out of state, evading service, or can’t be found despite due diligence, the state attorney also has to publish notice once a week for two consecutive weeks in the county’s legal organ. That publication binds an owner regardless of whether the owner could have been located — an owner gets no separate unlocatable-based exception. An interest holder is different: publication counts as notice to an interest holder only when that person is unknown, resides out of state, has left the state, can’t be found within the state despite due diligence, or is concealing themselves to avoid service.

An owner or interest holder who wants to contest the forfeiture has 30 days after being served to file a verified answer — or, if only publication was used, 30 days after the last publication date. That answer has to meet the general pleading rules for civil answers and include the same detailed showing (identity, interest, how and when it was acquired, relationship to whoever possessed the property, supporting documents, and other facts) required at earlier stages. If the state attorney thinks the answer is deficient, a motion for a more definite statement can force the claimant to fix it within 15 days or risk having the pleading struck.

Miss the answer deadline entirely, and the state attorney can seek a default judgment. File a timely answer, though, and the case moves to a bench trial within 60 days after the last claimant was served — a deadline the court can extend for good cause, and one that can be pushed out further if the court allows discovery, which isn’t available by right in these cases.

Frequently Asked Questions

How long does a claimant have to answer an in rem forfeiture complaint?

30 days after being served with the summons and complaint, or, if service was only by publication, 30 days after the date of the final publication.

What has to be in an answer contesting an in rem forfeiture?

It must be verified under penalty of perjury and, beyond the general civil-answer requirements, include the claimant’s name and address, a description of their interest, how and when they acquired it and from whom, their relationship to whoever possessed the property at seizure, supporting documents, and any other facts backing the claim.

What happens if no one answers the in rem complaint?

The state attorney may seek a default judgment, and the court then orders the property’s disposition under Code Section 9-16-19.

How quickly does an in rem forfeiture case go to trial once an answer is filed?

A bench trial must be held within 60 days after the last claimant was served, unless the court continues it for good cause shown; discovery isn’t allowed unless the court permits it, which can push the trial date further out.

When does the state have to publish notice in an in rem case rather than serve it personally?

When real property is the subject of the complaint, or when the owner or interest holder is unknown, out of state, evading service, or can’t be found through due diligence — notice then runs once a week for two consecutive weeks in the county’s legal organ.

Amendment History

Code 1981, § 9-16-12, 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

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