The State of Georgia filed this forfeiture action in the Superior Court of Newton County against certain property including a 2002 Chevrolet Impala owned by T’Shovie Smith. In Smith’s answer, he moved to dismiss the action, asserting that the State failed to file the complaint within the time allowed. After a hearing, the trial court denied Smith’s motion to dismiss and declared the car forfeited to the State. Smith appeals, contending the trial court erred in failing to dismiss the action pursuant to OCGA § 16-13-49 n 5, given the fact that the State failed to file the forfeiture complaint within 30 days after it received his claim for the car. For the reasons explained below, we affirm. Pursuant to OCGA § 16-13-49 d 2, any “property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of the Georgia Controlled Substances Act, OCGA § 16-13-20 et seq. or any proceeds derived or realized therefrom” is contraband that can be forfeited to the State. OCGA § 16-13-49 h 2 provides, in pertinent part, that, when the State seizes such contraband, it “shall . . . initiate” a complaint for forfeiture “within 60 days from the date of seizure” under one of three subsections, n, o, or p. Generally, subsection p provides for in personam proceedings against the owner or an interest-holder of the contraband, and subsection o provides for in rem proceedings directly against the contraband.
The State’s third option, under subsection n, is a more streamlined “administrative” procedure for personal property valued at $25,000 or less. State of Ga. v. Howell , 288 Ga. App. 176, 177-178 1 653 SE2d 330 2007. Under OCGA § 16-13-49 n, the district attorney must notify owners and interest holders and publish a notice that the property has been seized and is subject to forfeiture. If no claim is filed in a timely fashion,1 the property is automatically forfeited to the State with no further procedure required. OCGA § 16-13-49 n 6; State of Ga. v. Howell , 288 Ga. App. at 177-178 1. Thus, in those cases where the State complies with the notice provisions of subsection n and no one files a proper and timely claim, the requirement that the State file a complaint is never triggered. OCGA § 16-13-49 n 5 provides, on the other hand, that “if a claim is filed, the district attorney shall file a complaint for forfeiture as provided in subsection o or p of this Code section within 30 days of the actual receipt of the claim.” Thus, when the State elects to initiate proceedings under subsection n, and an owner or interest-holder then files a timely and proper claim for the property, this triggers the need for either the full in rem procedure provided in subsection o or the full in personam procedure provided in subsection p. State of Ga. v. Howell , 288 Ga. App. at 178 1.
