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

  1. Law
  2. Georgia Code
  3. Civil Practice
  4. Uniform Civil Forfeiture Procedure Act
  5. 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

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  1. The court shall order the forfeiture of any property of a claimant or defendant up to the value of property found by the court to be subject to forfeiture if any of the forfeited property:
    1. Cannot be located;
    2. Has been transferred or conveyed to, sold to, or deposited with a third party;
    3. Is beyond the jurisdiction of the court;
    4. Has been substantially diminished in value while not in the actual physical custody of the receiver or governmental agency directed to maintain custody of the property; or
    5. Has been commingled with other property that cannot be divided without difficulty.
  2. In addition to any other remedy provided for by law, a state attorney on behalf of the state may institute a civil action in any court of the United States against any person acting with knowledge or any person to whom notice of a forfeiture lien has been provided in accordance with Code Section 9-16-8; to whom notice of seizure has been provided in accordance with Code Section 9-16-11; or to whom notice of a civil forfeiture proceeding has been provided, if property subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of a forfeiture lien, filing of a complaint for forfeiture pursuant to Code Section 9-16-12 or 9-16-13, or the service of a notice of seizure pursuant to Code Section 9-16-11, as the case may be. The state may recover judgment in an amount equal to the value of the forfeiture lien but not to exceed the fair market value of the property or, if there is no forfeiture lien, in an amount not to exceed the fair market value of the property, together with reasonable investigative expenses and attorney's fees.
  3. A state attorney may file and prosecute in any of the courts of the United States or as may be necessary to enforce any judgment rendered pursuant to this chapter.
  4. No person claiming an interest in property subject to forfeiture may commence or maintain any civil action concerning the validity of the alleged interest other than as provided in this chapter. No person claiming an interest in property subject to forfeiture may file any counterclaim or cross-claim to any action brought pursuant to this chapter. Except as specifically authorized by subsection (d) of Code Section 9-16-12, subsection (d) of Code Section 9-16-13, or Code Section 9-16-16, providing for intervention, no person claiming an interest in such property may intervene in any civil forfeiture proceeding.
  5. A civil forfeiture proceeding shall be commenced within four years after the last conduct giving rise to forfeiture or to the claim for relief became known or should have become known, excluding any time during which either the property or defendant is out of the state or in confinement or during which criminal proceedings relating to the same conduct are in progress.

(Code 1981, §9-16-20, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.)


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