A complaint for forfeiture pursuant to Code Section 9-16-12 or 9-16-13 shall be tried:
§ 9-16-4.Venue
Chapter 16. Uniform Civil Forfeiture Procedure Act · Last amended 2015 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-16-4 sets venue for a forfeiture complaint filed under Code Section 9-16-12 or 9-16-13 — the county where real property sits (or either county if a tract straddles a county line), any county where personal property is or will be located during the case, and the constitutional venue rules for an in personam action.
Full Text of § 9-16-4
(1) If the complaint for forfeiture is in rem against real property, in the county where the property is located, except where a single tract is divided by a county line, in which case the superior court of either county shall have jurisdiction;
(2) If the complaint for forfeiture is in rem against tangible or intangible personal property, in any county where the property is located or will be located during the pendency of the action; or
(3) If the complaint for forfeiture is in personam, as provided in Article VI, Section II of the Constitution.
Plain-English Summary
Jurisdiction under Code Section 9-16-3 tells a state attorney which judicial circuit can hear a case; this section narrows that down to a specific county for trial once a complaint for forfeiture has been filed under Code Section 9-16-12 or 9-16-13. Real property is tried where it sits, with a practical fix for property that straddles a county line: either county’s superior court has jurisdiction, so a boundary quirk doesn’t force a split case.
Personal property — tangible or intangible — gets more flexibility. Venue is proper in any county where the property is located, or in any county where it will be located while the case is pending, which matters for assets like vehicles or funds that might move around before the case wraps up.
An in personam action, aimed at a person rather than property, follows Georgia’s general constitutional venue framework rather than a special forfeiture rule. Notably, this section governs complaints filed in court under Code Sections 9-16-12 and 9-16-13 — the streamlined quasi-judicial forfeiture process under Code Section 9-16-11 doesn’t go to court at all unless a claim is filed, so it operates outside this venue scheme.
Frequently Asked Questions
Where is a real-property forfeiture case tried?
In the county where the property is located, under paragraph (1) of this section.
What if the property sits on a county line?
The superior court of either county has jurisdiction, so the case doesn’t have to be split or delayed while the boundary is sorted out.
Where is an in rem case over personal property tried?
In any county where the property is located, or any county where it will be located while the case is pending.
Where is an in personam forfeiture case tried?
Under paragraph (3), venue follows the general rule in Article VI, Section II of the Georgia Constitution rather than a special forfeiture venue rule.
Does this venue section apply to the quasi-judicial forfeiture process?
No. It governs a “complaint for forfeiture pursuant to Code Section 9-16-12 or 9-16-13.” The quasi-judicial process under Code Section 9-16-11 stays out of court entirely unless and until a claim is filed.
Amendment History
Code 1981, § 9-16-4, 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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