Williams v. State

Adams, Judge.

In this civil forfeiture case, Lucius Williams appeals the State’s seizure of $48,310 in cash. Because we find that the State failed to conduct a hearing on the forfeiture complaint in a timely fashion, we reverse.

The complaint in this case was filed December 18, 2007. Williams acknowledged service the next day and filed his verified answer on January 18, 2008. Accordingly, under OCGA § 16-13-49 (o) (5), the hearing in this case should have been held “within 60 days after service of the complaint unless continued for good cause. ...” This requirement is mandatory unless the…