X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

After the State initiated forfeiture proceedings against Raegain Williams’ automobile under OCGA § 16-13-49 n, Williams filed a timely but deficient claim of ownership. The State moved for judgment after the expiration of the time period for filing a challenge to the forfeiture proceedings. Williams attempted to amend her original claim of ownership to cure the deficiencies, but the trial court denied the amendment and declared that all right, title, and interest in the automobile was forfeited to the State. The Court of Appeals reversed, ruling that under the reasoning of Rojas v. State of Georgia ,1 the relation back provision of the Civil Practice Act CPA2 applied to Williams’ amended claim.3 We granted the State’s petition for certiorari, and now affirm. Forfeiture proceedings against property deemed to be worth less than $25,000 proceed under OCGA § 16-13-49 n. In order to challenge the State’s attempted condemnation under that subsection, any person claiming ownership of the property must file a claim of ownership within thirty days of the date of the State’s second notice publication.4 Williams’ claim of ownership was timely, but defective because it was not verified and it failed to include other elements necessary for a valid claim of ownership.5 Specifically, Williams’ claim failed to include 1 the date, identity of the transferor, and circumstances of her acquisition of the property, 2 the specific provision of OCGA § 16-13-49 upon which she relies to support her claim that the property is not subject to forfeiture, and 3 evidence of her ownership interest.6

After the State sought judgment based on the defective claim of ownership, Williams sought to cure the deficiencies by filing an amended claim. The State argued that the amendment could not be accepted as it was untimely, but Williams asserted that the amended claim of ownership should “relate back” to the defective claim of ownership for purposes of determining the timeliness of the claim. The trial court rejected Williams’ amended claim of ownership and held that the property was forfeited to the State.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›