This week, the Georgia Court of Appeals ruled in favor of our client and his wife who had over $150,000 seized from their business and bank accounts, as well as a new truck, trailer, and other equipment. The State tried to unsuccessfully appeal the trial court’s order granting our motion to dismiss the State’s forfeiture complaint, which we alleged was filed too late, and in violation of Georgia law.
The case started when our client, who sells used cars, was wrongfully arrested and charged with selling stolen cars. Not only was he taken to jail, but the State also seized all of his cash, the money in his bank account, one of his trucks, and other equipment. The State filed a forfeiture complaint to try to keep all of the seized property.
While all the State needs to seize someone’s property is probable cause that the property was somehow connected to illegal activity, the Georgia Uniform Civil Forfeiture Act sets forth several strict requirements that the State must meet before it can keep that property. In addition to having to prove that the property was derived from or connected to any criminal activity, the State has to meet several deadlines and file its papers within a certain timeline.
The relevant requirement here was the requirement that, once a property owner has been served with a forfeiture complaint, or waives service, the State must schedule a hearing within 60 days of service or their forfeiture complaint must be dismissed. Our firm has won several forfeiture cases proving that the State failed to comply with this requirement. And we did that here too, convincing the judge to dismiss the State’s forfeiture complaint because the State waited for well over 60 days before it scheduled the forfeiture hearing.
In this case, however, the State refused to accept the trial court’s order, and they appealed to the Court of Appeals. The State argued that, even though we had filed a timely answer and waiver of service, the waiver we filed “didn’t count.” The Court of Appeals disagreed and described the State’s arguments as “without merit.” As a result of this ruling, the trial court’s order will stand, and, unless the State pursues additional frivolous appeals, our clients will get their property back.
Our firm has a strong record of helping individuals and businesses get their property back when it has been wrongfully seized by law enforcement or other government officials. Contact us if you or your business has had property unlawfully seized.
