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Jones v. State of Georgia

The trial court properly dismissed defendant's answer and entered a forfeiture judgment against him since the answer was not verified and did not contain information regarding the seized property required by O.C.G.A. § 16-13-49 o.

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The primary question in this forfeiture case is whether the trial court erred in dismissing Bruce Jones’ answer and entering judgment of forfeiture based on Jones’ failure to include in his answer information required by the forfeiture statute. We conclude that the trial court acted properly, and thus affirm.

The State of Georgia filed a complaint seeking forfeiture of cocaine, marijuana, a Lincoln Towncar and its electrical components, and $622 seized by law enforcement officers when they stopped Jones as he drove the Towncar with what they suspected were illegally tinted windows. Jones answered the complaint, claiming ownership of the car, its components, and the money, but denying any knowledge of the drugs and all other allegations contained in the complaint. The State moved to dismiss Jones’ answer, contending that the pleading did not meet the requirements of OCGA § 16-13-49 o 3. After a hearing, the trial court granted the State’s motion to dismiss the answer. Shortly thereafter, the trial court entered an order of forfeiture. This appeal follows.

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