Chapter 16. Uniform Civil Forfeiture Procedure Act · Last amended 2015 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-16-3 requires that a civil forfeiture proceeding be filed by a state attorney in the state’s name in superior court, sets out the judicial circuits where in rem and in personam actions may be brought, resolves conflicts between state attorneys with overlapping jurisdiction, and confirms that a forfeiture case may be compromised or settled like any other civil action.
(a)A civil forfeiture proceeding shall be filed by a state attorney in the name of the State of Georgia in any superior court of this state and may be brought:
(1)In the case of an in rem action, in the judicial circuit where the property is located;
(2)In the case of an in personam action, in the judicial circuit in which the defendant resides; or
(3)By the state attorney having jurisdiction over any offense which arose out of the same conduct which made the property subject to forfeiture.
(b)If more than one state attorney has jurisdiction to file a civil forfeiture proceeding, the state attorney having primary jurisdiction over the conduct giving rise to the forfeiture shall, in the event of a conflict, have priority over any other state attorney.
(c)A civil forfeiture proceeding may be compromised or settled in the same manner as other civil actions.
Plain-English Summary
Only a state attorney can start a civil forfeiture case, and it always runs in the name of the State of Georgia in superior court. This section tells you which superior court has authority to hear it. For an in rem action — one aimed at the property itself — that’s the judicial circuit where the property is located. For an in personam action — one aimed at a person — that’s the circuit where the defendant resides. A state attorney also gets a third path: filing wherever they already have jurisdiction over the criminal offense that made the property forfeitable in the first place.
Because that third option can overlap with the first two, more than one state attorney might have a valid claim to the same case. When that happens, the section resolves the conflict in favor of whichever state attorney has primary jurisdiction over the underlying conduct — not whichever one files first or whichever forum seems more convenient.
Finally, the section confirms something easy to overlook: a civil forfeiture case isn’t locked into a trial. Like any other civil action, it can be compromised or settled, giving the state and a claimant room to resolve a dispute over the property without litigating it to judgment.
Frequently Asked Questions
Who is allowed to bring a civil forfeiture case in Georgia?
Only a state attorney — a district attorney or designee, or, when specifically authorized, the Attorney General — and it must be filed in the name of the State of Georgia in a superior court.
Where does an in rem forfeiture case get filed?
In the judicial circuit where the property is located, since an in rem action targets the property itself.
Where does an in personam forfeiture case get filed?
In the judicial circuit where the defendant resides, since an in personam action targets the person rather than the property.
What happens if more than one state attorney has jurisdiction over the same forfeiture case?
The state attorney with primary jurisdiction over the conduct that gave rise to the forfeiture has priority over any other state attorney in the event of a conflict.
Can a civil forfeiture case be settled instead of going to trial?
Yes. Subsection (c) allows a civil forfeiture proceeding to be compromised or settled the same way other civil actions are.
Amendment History
Code 1981, § 9-16-3, 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
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