2025 Code of Georgia
Title 9 - Civil Practice (Chs. 1 — 17)
Chapter 16 - Uniform Civil Forfeiture Procedure Act (§§ 9-16-1 — 9-16-22)
Annotations
Notes
Effective date. —This chapter became effective July 1, 2015.
Editor’s notes.Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure.”
In light of the enactment of this chapter, effective July 1, 2015, the reader is advised to consult the annotations following Code Sections 16-6-13.3, 16-12-30, 16-12-32, 16-13-32, 16-13-49, 16-14-7, 16-14-14, 16-16-2, 17-5-51, 17-5-54, and 40-6-391.2, as they existed on June 30, 2015, which may also be applicable to this chapter.
Research References & Practice Aids
Law reviews.For article on the 2015 enactment of this chapter, see 32 Ga. St. U. L. Rev. 1 (2015).
Hierarchy Notes:O. C. G. A. Title 9
- § 9-16-1. Short title
- § 9-16-2. Definitions
- § 9-16-3. Jurisdiction
- § 9-16-4. Venue
- § 9-16-5. Notice to owner of seizure of vehicle
- § 9-16-6. Seizure of property
- § 9-16-7. Reporting of seizure; role of state attorney
- § 9-16-8. Forfeiture lien
- § 9-16-9. Seized property not subject to replevin, conveyance, sequestration, or attachment; release of property; assignment of complaint for forfeiture; custodian of property
- § 9-16-10. Disposition of seized property
- § 9-16-11. Quasi-judicial forfeiture for property valued at $25,000.00 or less; notice; procedure
- § 9-16-12. In rem forfeiture
- § 9-16-13. In personam forfeiture
- § 9-16-14. Restraining order, injunction, and other measures to seize, maintain, or preserve property; hearing
- § 9-16-15. Stay of civil forfeiture proceedings during pendency of criminal proceedings; effect of criminal conviction
- § 9-16-16. Recovery by an injured person
- § 9-16-17. Burden of proof and presumptions
- § 9-16-18. Forfeited property vests in state at time conduct giving rise to forfeiture committed; release of property upon entry of judgment in favor of owner
- § 9-16-19. Disposition of forfeited property; order of distribution; annual report
- § 9-16-20. Court may order forfeiture of other property under certain circumstances; civil action; enforcement of judgments; persons having interest in property barred from collaterally attacking forfeiture proceedings; limitations
- § 9-16-21. Effect of federal law forfeitures; annual report
- § 9-16-22. Construction
