§ 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
Chapter 16. Uniform Civil Forfeiture Procedure Act · Last amended 2015 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-16-20 requires the court to order forfeiture of substitute property when the originally forfeitable property can’t be reached, lets the state sue for a money judgment plus expenses and fees against anyone who knowingly makes forfeitable property unavailable, bars separate lawsuits, counterclaims, or unauthorized intervention over property already in a forfeiture proceeding, and sets a four-year limitations period with tolling for absence, confinement, or a pending related criminal case.
(a)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.
(b)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.
(c)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.
(d)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.
(e)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.
Plain-English Summary
Forfeitable property doesn’t always stay put. Subsection (a) makes the court order forfeiture of a defendant’s or claimant’s other property, up to the value of what would otherwise have been forfeited, when the original property can’t be located, has been transferred, sold, or deposited with a third party, sits outside the court’s jurisdiction, has lost substantial value while out of proper custody, or has been commingled with other property in a way that’s hard to untangle. This substitute-property remedy keeps a wrongdoer from defeating forfeiture just by moving or hiding the asset.
The state also has a direct remedy against anyone who causes that disappearance. Subsection (b) lets a state attorney sue in federal court for a money judgment against a person who, with knowledge of a forfeiture lien, seizure notice, or forfeiture proceeding, disposes of, conveys, or otherwise makes the property unavailable — recovering up to the value of the lien or the property’s fair market value, plus reasonable investigative expenses and attorney’s fees. Subsection (c) lets the state pursue and enforce judgments in federal court more generally.
Once property is caught up in a forfeiture proceeding, subsection (d) closes off side doors: no one claiming an interest in it may bring a separate lawsuit over its validity, file a counterclaim or cross-claim, or intervene in the case, except through the specific intervention rights the chapter grants elsewhere — for injured persons under Code Section 9-16-16, or claimants under Code Sections 9-16-12(d) and 9-16-13(d).
Finally, subsection (e) gives the state four years to bring a civil forfeiture proceeding, counted from when the last conduct giving rise to forfeiture, or the claim for relief, became known or should have become known. That clock doesn’t run continuously — time is excluded whenever the property or the defendant is out of state, the defendant is in confinement, or a related criminal proceeding over the same conduct is in progress.
Frequently Asked Questions
What happens if the property the state wants to forfeit has disappeared or been sold?
The court must order forfeiture of substitute property up to the original property’s value, so long as the property can’t be located, was transferred or sold to a third party, is outside the court’s jurisdiction, lost substantial value while out of custody, or was commingled with other property that’s hard to divide.
Can the state sue someone personally for making forfeitable property disappear?
Yes. If a person knowingly disposes of, conveys, or hides property after a lien, seizure notice, or forfeiture complaint, the state may sue in federal court for a money judgment up to the lien’s value or the property’s fair market value, plus investigative expenses and attorney’s fees.
Can someone with an interest in forfeited property file a separate lawsuit or a counterclaim against the forfeiture?
No. Subsection (d) bars separate civil actions over the property’s status and bars counterclaims, cross-claims, and intervention, except through the specific intervention rights this chapter grants elsewhere.
How long does the state have to bring a civil forfeiture case?
Four years, generally counted from when the last conduct giving rise to forfeiture, or the claim for relief, became known or should have become known.
Does the four-year clock run continuously?
No. It excludes any time the property or the defendant is out of state, the defendant is in confinement, or a related criminal proceeding over the same conduct is pending.
Amendment History
Code 1981, § 9-16-20, 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 substitute propertyGeorgia forfeiture statute of limitations four yearsmoney judgment disposed forfeiture property Georgiacollateral attack barred civil forfeiture Georgia