Legal Question in Credit and Debt Law in Georgia

I'm faceing charges for distribution of marijuana OCGA 16-13-30, and possesion of firearm during commssion of a crime OCGA 16-11-106. I have been served with papers fore a Notice of Seizure of Personal Property Valued under 25,000. This includes 6 guns seized and almost 700 dollars. I have Contacted my public defender and was told that they arent allowed to get involved in civil cases even if there is a criminal case pending.

At the bottom of my letter is states;

"Any Party claiming an interest in said property is hereby further notified that you must file any claim in accordance with O.C.G.A. 16-13-49 within 30 days of the second publication of this notice of seizure in the newspaper of genereal circulation and the legal organ of this county, by serving said claim to the undersigned seizing agency and the District Attorney by certified mail, return receipt requested."

Im not asking for legal representation or asking for any kind of advice involveing the criminal case pending. My plans are to have my criminal case dismissed. And I believe I have a pretty good shot.

But I cant get any kind of information on how to go about responding to my notice of seizure without a lawyer at this time. I may be able to afford one later but within 30 days Im pretty much going to have to awnser this on my own. I am clueless of where to go because no one at the court house seems to be very helpful on even telling me what kind of form I may need to fill out, or what branch of office to fill this form out at.

Can someone please help me out into completeing the steps in getting everything set up so I dont have to awnser to them until after my criminal case is resolved. I want my guns back!


Asked on 7/18/12, 12:48 pm

1 Answer from Attorneys
Alvin Albert Albert Law Group

You will have to read OCGA 16-13-49 to determine if you fall under any of the exceptions to forfeiture. The court personnel are not allowed to provide legal advice and/or direction. There may not be a form to give you. You will have to read the statute and draft an answer applying your situation to the law. You have 30 days to answer as required by OCGA 16-13-49 (agency and DA). If you want your guns, there is nothing to "set up" or tricks to avoid answering. Best Wishes.

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Answered on 7/18/12, 1:03 pm


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