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§ 9-16-5.Notice to owner of seizure of vehicle

Chapter 16. Uniform Civil Forfeiture Procedure Act · Last amended 2015 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-16-5 requires the seizing officer (or a designee) to make a reasonable effort to identify the registered owner of a seized vehicle when that owner wasn’t at the scene and didn’t cause the seizure, and to inform the owner of the seizure once the officer learns the owner’s phone number or address.

Full Text of § 9-16-5

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If a seized vehicle is registered to a person or entity that was not present at the scene of the seizure and whose conduct did not give rise to the seizure, the seizing officer or his or her designee shall make a reasonable effort to determine the name of the registered owner of the seized vehicle and, upon learning such registered owner’s telephone number or address, inform such registered owner that the vehicle has been seized.

Plain-English Summary

Cars change hands — through lending, family use, or a lease — so the person driving a vehicle when it’s seized isn’t always the person whose name is on the title. This section protects that registered owner’s stake by requiring the seizing officer, or a designee, to try to find out who the registered owner is whenever that owner wasn’t present at the scene and had nothing to do with whatever conduct triggered the seizure.

The duty has two parts. First, a reasonable effort to determine the registered owner’s identity. Second, once the officer learns that owner’s telephone number or address, an obligation to inform the owner that the vehicle was seized. The statute doesn’t demand an exhaustive investigation — “reasonable effort” sets the bar — but it does put the burden on law enforcement to reach out rather than leave an absent owner to find out secondhand.

This notice duty stands apart from the reporting and forfeiture-notice requirements found later in the chapter. Even after this section is satisfied, the seizing officer and state attorney still have their own separate deadlines under Code Sections 9-16-7, 9-16-10, and 9-16-11 for reporting the seizure and formally notifying owners and interest holders of the forfeiture process itself.

Frequently Asked Questions

Does the seizing officer have to notify me if my car was seized while someone else was driving it?

Yes, if you’re the registered owner, weren’t at the scene, and your conduct didn’t give rise to the seizure — the officer or a designee must make a reasonable effort to determine your identity and, once your phone number or address is learned, inform you the vehicle was seized.

Does this notice requirement apply if I was driving the vehicle when it was seized?

No. It applies specifically to a registered owner who wasn’t present at the scene and whose conduct didn’t give rise to the seizure.

How hard does the officer have to look for my contact information?

The statute requires a “reasonable effort,” a standard that falls short of guaranteeing the officer will find you, but does require a meaningful attempt to locate you.

Is this the only notice I’ll get before my vehicle can be forfeited?

No. This is a separate, earlier notice about the seizure itself; the forfeiture process later requires its own notices under Code Sections 9-16-7, 9-16-10, and 9-16-11.

What if the officer never manages to notify me under this section?

The text doesn’t attach a specific penalty to a missed notice under this section alone, but the seizing officer still has an independent 30-day reporting deadline under Code Section 9-16-7, and the state attorney still has to give formal notice before any forfeiture becomes final.

Amendment History

Code 1981, § 9-16-5, 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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