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Crimley v. State of Ga.

The defendant's answers and their various attachments regarding the civil forfeiture of approximately $18K and a Cadillac DeVille, though inartfully drafted and poorly presented, were sufficient as a whole to withstand a motion to strike.

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In this civil forfeiture case pursuant to OCGA § 16-13-49, the trial court granted the State of Georgia’s motion to strike the answers of Christopher S. Crimley “Crimley” and his wife and entered an order of disposition and distribution of the seized property.1 Crimley appeals, asserting that he had no fair opportunity to respond to the motion to strike, that service of the motion was inadequate, and that his answer was sufficient. We find his answer sufficient to withstand a motion to strike under the authority of Williams v. State of Georgia, 222 Ga. App. 270 474 SE2d 98 1996. We therefore reverse the trial court’s order striking Crimley’s answer and making disposition of the property and remand for further proceedings consistent with this opinion.

The record shows that on November 8, 2013, the State of Georgia filed an in rem “Complaint for Forfeiture” against approximately $18,000.00 and a Cadillac DeVille, alleging that the property was seized by police during execution of a search warrant on September 12, 2013. The State requested a disposition hearing 60 days after service of the complaint. OCGA § 16-13-49 o 5 provides: “If an answer is filed, a hearing must be held within 60 days after service of the complaint unless continued for good cause and must be held by the court without a jury.” There is no rule nisi in the file, but after the State filed its motion to strike the answers and for disposition, the trial court continued the hearing “for good cause” to January 16, 2014, finding that the State’s motions were “potentially dispositive.”2

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