§ 9-16-13.In personam forfeiture

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

In one sentenceO.C.G.A. § 9-16-13 governs in personam forfeiture complaints filed against a person rather than property, requiring the same content and service rules that apply in rem, a verified answer within 30 days, the same deficiency and default procedures, a bench trial within 60 days after the last claimant is served, and authorizes the court, on finding liability, to enter a forfeiture judgment and order seizure of any of the described property not already seized.

Full Text of § 9-16-13

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

(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 sought to be forfeited;

(2) State the property’s present custodian;

(3) State the name of the owner or interest holder, if known;

(4) Allege the essential elements of the criminal violation which is claimed to exist;

(5) State the place of seizure, if the property was seized; and

(6) Conclude with a prayer of due process to enforce the forfeiture.

(b) Service of the complaint and summons shall be as follows:

(1) Except as otherwise provided in this Code section, issuance of the summons, form of the summons, and service of the complaint and summons shall be as provided by subsections (a), (b), (c), and (d) of Code Section 9-11-4; and

(2) If the defendant 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, 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 sufficient notice to any such defendant.

(c) A defendant shall file a verified answer within 30 days after the service of the summons and complaint. If service is made by publication and personal service has not been made, a defendant shall file such answer within 30 days of the date of final publication. 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 contain all of the elements set forth in subsection (c) of Code Section 9-16-12. 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 9-16-12 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) On a determination of liability of a person for conduct giving rise to forfeiture, the court shall enter a judgment of forfeiture of the property described in the complaint and shall also authorize the state attorney or his or her agent or any law enforcement officer or peace officer to seize all property ordered to be forfeited which was not previously seized or was not then under seizure. Following the entry of an order declaring the property forfeited, the court, on application of the state attorney, may enter any appropriate order to protect the interest of the state in the property ordered to be forfeited.

End

Plain-English Summary

Where an in rem action under Code Section 9-16-12 targets property, an in personam action under this section targets a person. The complaint still has to be verified, describe the property sought with reasonable particularity, state its custodian, name the owner or interest holder if known, allege the essential elements of the criminal violation, state the place of seizure if there was one, and request enforcement of the forfeiture.

Service generally follows the process rules of Code Section 9-11-4, with publication as a fallback — once a week for two consecutive weeks in the county’s legal organ — when the defendant is unknown, out of state, evading service, or can’t be found through due diligence. A defendant then has 30 days after service (or 30 days after the final publication, if that’s how service happened) to file a verified answer meeting the same requirements as an in rem answer under Code Section 9-16-12(c). The same deficiency procedure applies too: a motion for a more definite statement, a 15-day cure period, and the risk of a struck pleading.

If no answer is filed in time, the state attorney may seek a default judgment. If an answer is filed, a bench trial must happen within 60 days after the last claimant was served, absent a continuance for good cause, and discovery stays off-limits unless the court allows it.

What sets this section apart is subsection (g): once the court determines a person is liable for the conduct giving rise to forfeiture, it must enter a judgment forfeiting the property described in the complaint and authorize the state attorney, a law enforcement officer, or a peace officer to seize any of that property not already in custody. The court can also enter further orders after judgment to protect the state’s interest in what’s been forfeited.

Frequently Asked Questions

What’s the difference between an in rem and an in personam forfeiture case?

An in rem action under Code Section 9-16-12 names the property as the defendant; an in personam action under this section proceeds against a person for the conduct that made the property forfeitable.

How long does a defendant have to answer an in personam forfeiture complaint?

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

What happens once the court finds the defendant liable?

Under subsection (g), the court must enter a judgment of forfeiture for the property described in the complaint and must also authorize the state attorney, a law enforcement officer, or a peace officer to seize any of that property not already seized — both steps are mandatory once liability is established.

Is discovery available in an in personam forfeiture case?

Not automatically. As with in rem cases under Code Section 9-16-12, discovery is barred unless a party asks the court to allow it, and the court then controls its scope and duration.

Can the court act to protect forfeited property after judgment?

Yes. Subsection (g) lets the court, on the state attorney’s application, enter any appropriate order after judgment to protect the state’s interest in the forfeited property.

Amendment History

Code 1981, § 9-16-13, 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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