§ 9-16-8.Forfeiture lien

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

In one sentenceO.C.G.A. § 9-16-8 lets a state attorney file a fee-free forfeiture lien against described property and any named person’s aliases, related entities, and real property upon the initiation of a civil or criminal forfeiture matter or a seizure, gives the lien effect on filing even if notice to the named person is delayed or never given, allows the state to execute on it like any judgment once it prevails, and makes a trustee’s failure to disclose required information within ten days of notice a misdemeanor.

Full Text of § 9-16-8

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

(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 property owned by the named person. The forfeiture lien shall include the following information:

(1) The name of each person who has a known interest in the seized property and, in the discretion of the state attorney, any alias and any corporations, partnerships, trusts, or other entities, including nominees, that are either owned entirely or in part or controlled by such persons; and

(2) A description of the property, the value of the property claimed by the state attorney, the name of the court where the civil forfeiture proceeding or criminal proceeding has been brought, and the case number of the civil forfeiture proceeding or criminal proceeding if known at the time of filing the forfeiture lien.

(b) A forfeiture lien filed pursuant to this Code section shall apply to:

(1) The described property;

(2) Each named person and any aliases, fictitious names, or other names, including names of corporations, partnerships, trusts, or other entities that are either owned entirely or in part or controlled by each named person; and

(3) Any interest in real property owned or controlled by each named person.

(c) A forfeiture lien creates, upon filing, a lien in favor of the state as it relates to the seized property or to any named person or related entities with respect to such property. Such forfeiture lien secures the amount of potential liability for civil judgment and, if applicable, the fair market value of seized property relating to any civil forfeiture proceeding enforcing such lien. A forfeiture lien referred to in this Code section shall be filed in accordance with the provisions of the laws in this state pertaining to the type of property that is subject to the forfeiture lien. The state attorney may amend or release, in whole or in part, a forfeiture lien filed under this Code section at any time by filing, without a filing fee, an amended forfeiture lien in accordance with this Code section which identifies the forfeiture lien amended. The state attorney, as soon as practical after filing a forfeiture lien, shall furnish to any person named in the forfeiture lien a notice of the filing of the forfeiture lien. Failure to furnish such notice shall not invalidate or otherwise affect a forfeiture lien filed in accordance with this Code section.

(d) Upon entry of judgment in favor of the state, the state attorney may proceed to execute on the forfeiture lien as in the case of any other judgment.

(e) A trustee, constructive or otherwise, who has notice that a forfeiture lien, a notice of pending forfeiture, or a complaint for forfeiture has been filed against the property or against any person or entity for whom the person holds title or appears as the owner of record shall furnish, within ten days of receiving notice as provided by this subsection, to the state attorney the following information:

(1) The name and address of the person or entity for whom the property is held;

(2) The names and addresses of all beneficiaries for whose benefit legal title to the seized property, or property of the named person or related entity, is held; and

(3) A copy of the applicable trust agreement or other instrument, if any, under which the trustee or other person holds legal title or appears as the owner of record of the property.

(f) A trustee, constructive or otherwise, who fails to comply with subsection (e) of this Code section shall be guilty of a misdemeanor.

End

Plain-English Summary

A forfeiture lien lets the state stake a public claim to property before a case is ever tried. A state attorney can file one, without paying a filing fee, at the outset of a civil forfeiture proceeding, a criminal proceeding, or upon seizing the property for forfeiture. The lien must identify each person with a known interest — including aliases and related entities the state attorney chooses to name — and describe the property, its claimed value, and the court and case number where the underlying proceeding is pending.

Once filed, the lien reaches beyond the specific property named: it also attaches to any real property owned or controlled by each named person, and to any aliases or related entities that person operates through. It secures the state’s potential civil judgment, and where applicable, the fair market value of the seized property. The state attorney can amend or release the lien at any time, again without a fee, and while the statute directs the state attorney to notify named persons “as soon as practical” after filing, a failure to give that notice doesn’t undo the lien’s legal effect.

Trustees get a specific, time-limited disclosure duty here. Once a trustee — constructive or otherwise — has notice of a forfeiture lien, a pending-forfeiture notice, or a forfeiture complaint touching property they hold title to, they must furnish the state attorney with the beneficiary’s name and address and a copy of the governing trust instrument within ten days. A trustee who doesn’t comply commits a misdemeanor.

Frequently Asked Questions

Does the state have to pay a filing fee to record a forfeiture lien?

No. Subsection (a) allows the state attorney to file the lien without a filing fee, and the same is true for an amended or released lien under subsection (c).

What does a forfeiture lien attach to?

The described property, each named person along with any aliases or related entities the state attorney identifies, and any real property that named person owns or controls.

Does failing to notify someone about a forfeiture lien invalidate it?

No. Subsection (c) states that a failure to furnish notice of the filing doesn’t invalidate or otherwise affect a lien filed in accordance with this section.

What can the state do with a forfeiture lien after winning its case?

Under subsection (d), once judgment is entered in the state’s favor, the state attorney may execute on the forfeiture lien the same way as any other judgment.

What happens to a trustee who ignores a forfeiture lien notice?

A trustee, constructive or otherwise, must furnish the required information about the property and its beneficiaries within ten days of receiving notice; failing to comply is a misdemeanor under subsection (f).

Amendment History

Code 1981, § 9-16-8, 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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