(a) As used in this Code section, the term “injured person” means any person 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. In the event that such person is a child or deceased, the provisions of subparagraphs (B) and (C) of paragraph (11) of Code Section 17-17-3 shall apply.
§ 9-16-16.Recovery by an injured person
Chapter 16. Uniform Civil Forfeiture Procedure Act · Last amended 2015 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-16-16 defines an “injured person” as someone who suffered pecuniary loss or physical injury from specified criminal conduct, requires the state attorney to serve every known injured person who provided contact information with notice of the forfeiture complaint and a right to intervene at least 30 days before final judgment, and gives an intervening injured person’s claim priority over the state’s or a local government’s claim to the forfeited property or proceeds, apart from costs.
Full Text of § 9-16-16
(b) If an injured person has provided contact information pursuant to Chapter 17 of Title 17, a state attorney shall serve every known injured person, if he or she has not previously been served, with a copy of the complaint for forfeiture and a notice of such person’s right of intervention at least 30 days prior to the entry of a final judgment.
(c) Notwithstanding the distribution of forfeiture proceeds as set forth in Code Section 9-16-19, any injured person shall have a right or claim to forfeited property or to the proceeds superior to any right or claim the state or local government has in the same property or proceeds other than for costs. To enforce such a claim, the injured person must intervene in the civil forfeiture proceeding prior to the entry of a final judgment.
Plain-English Summary
Civil forfeiture doesn’t only concern the state and the property owner — sometimes a crime victim has a stake in the same property, and this section carves out a path for that victim to recover ahead of the government. An “injured person” means someone who suffered a pecuniary loss or physical injury from conduct violating specific statutes the section cross-references, with special provisions when the injured person is a child or has died.
If an injured person provided contact information, the state attorney has to serve every known injured person who hasn’t already been served with a copy of the forfeiture complaint and notice of the right to intervene — and that has to happen at least 30 days before the court enters a final judgment, giving the victim real time to act.
The payoff for intervening is priority. An injured person’s claim to the forfeited property or the proceeds from it outranks whatever claim the state or a local government has in the same property or proceeds, except for costs, which still come off the top. But that priority isn’t automatic — the injured person has to formally intervene in the civil forfeiture proceeding before final judgment to enforce it.
Frequently Asked Questions
Who qualifies as an “injured person” under this section?
Someone who suffered a pecuniary loss or physical injury from conduct violating the specific criminal statutes this section cross-references, with additional provisions covering a child or a deceased victim.
Does the state have to notify crime victims about a related civil forfeiture case?
Yes, if the victim provided contact information — the state attorney must serve every known injured person who hasn’t already been served with a copy of the complaint and notice of the right to intervene, at least 30 days before final judgment.
Does an injured person’s claim beat the state’s claim to the forfeited property?
Yes. Other than for costs, an injured person’s claim to the forfeited property or proceeds has priority over any claim the state or a local government has in the same property or proceeds.
What does an injured person have to do to collect on that priority?
Intervene in the civil forfeiture proceeding before the court enters final judgment — the priority only helps someone who has formally joined the case.
Can an injured person recover without formally joining the forfeiture case?
No. The statute conditions the right to enforce the priority claim on intervening before final judgment.
Amendment History
Code 1981, § 9-16-16, 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 / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: Georgia forfeiture injured person recoverycrime victim forfeiture intervention Georgiavictim priority claim forfeited property Georgia30 days notice forfeiture victim Georgia