reglab/housing_qa huggingface dataset:
GA Code § 44-12-211.1 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-211.1. Excess Funds From Sale of Abandoned Motor Vehicle; Claim for Funds; Definitions

  Within 15 days of the sale of a motor vehicle pursuant to Article 1A of Chapter 11 of Title 40, "The Abandoned Motor Vehicle Act," and the satisfaction of the amounts owed for liens on such motor vehicle, any towing and storage firm, repair facility, or salvage dealer selling such motor vehicle shall provide to the commissioner any excess funds minus the allowable costs incurred for the public sale of such motor vehicle as set forth in subsection (b) of Code Section 40-11-19.2. The funds turned over to the department shall be accompanied by copies of the court order issued pursuant to Code Section 40-11-19.1, the bill of sale, and the receipt for the costs associated with the sale held pursuant to Code Section 40-11-19.2 on a form prescribed by the department for such purpose.     Any person claiming a property interest in the motor vehicle sold pursuant to Article 1A of Chapter 11 of Title 40, "The Abandoned Motor Vehicle Act," and the excess funds from such sale may make such claim to the department upon a form provided for such purpose through rule or regulation within six months of the sale.   If such excess funds remain unclaimed for more than six months, any person authorized to make a claim under paragraph (1) of this subsection, or the towing and storage firm, repair facility, or salvage dealer selling such motor vehicle, may make a claim to the department for such excess funds. If more than one claim is made during this six-month period, the party first making a claim determined by the department as authorized shall be entitled to the excess funds. No claim shall be authorized after one year from the date excess funds are provided to the commissioner.     For purposes of this Code section, the terms "repair facility," "salvage dealer," and "towing and storage firm" shall have the same meanings as provided for in Code Section 40-11-13.     (Code 1981, §44-12-211.1, enacted by Ga. L. 2019, p. 872, § 6/HB 307; Ga. L. 2021, p. 922, § 44/HB 497.)   Editor's notes.   - Ga. L. 2019, p. 872, § 8/HB 307, not codified by the General Assembly, provides: "This Act shall become effective upon approval by the Governor or upon its becoming law without such approval for purposes of developing the required forms and shall become effective on September 1, 2019, for all other purposes." The Governor signed this Act on May 7, 2019.
GA Code § 44-12-212 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-212. When Property Described in Code Section 44-12-193 Not Subject to This Article

 If specific property which is subject to the provisions of Code Section 44-12-193 is held for or owed or distributable to an owner whose last known address is in another state by a holder who is subject to the jurisdiction of that state, the specific property is not presumed abandoned in this state and subject to this article if:    It may be claimed as abandoned or escheated under the laws of such other state; and   The laws of such other state make reciprocal provision that similar specific property is not presumed abandoned or escheatable by such other state when held for or owed or distributable to an owner whose last known address is within this state by a holder who is subject to the jurisdiction of this state.     (Code 1981, §44-12-212, enacted by Ga. L. 1990, p. 1506, § 1.)
GA Code § 44-12-213 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-213. Cooperation With Other States to Audit or Otherwise Determine Unclaimed Property Subject to Claim; Rules and Procedure

  The commissioner may enter into agreements with other states to exchange information needed to enable this or another state to audit or otherwise determine unclaimed property that is subject to a claim of custody. The commissioner by rule may require the reporting of information needed to enable compliance with agreements made pursuant to this Code section and may prescribe the form.   To avoid conflicts between the commissioner's procedures and the procedures of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act, the commissioner, so far as is consistent with the purposes, policies, and provisions of this article, before adopting, amending, or repealing rules, shall advise and consult with administrators in other jurisdictions that enact the Uniform Unclaimed Property Act and take into consideration the rules of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act.   The commissioner may join with other states to seek enforcement of this article against any person who is or may be holding property reportable under this article.   At the request of another state, the Attorney General of this state may bring an action in the name of the administrator of the other state in any court of competent jurisdiction in this state to enforce the unclaimed property laws of the other state against the holder in this state of property subject to escheat or a claim of abandonment by the other state, if the other state has agreed to pay expenses incurred by the Attorney General in bringing that action.   The commissioner may request that the attorney general of another state or any other person bring an action in the name of the commissioner in the other state.This state shall pay all expenses including attorney's fees in any action under this subsection.The commissioner may agree to pay the person bringing the action attorney's fees based in whole or in part on a percentage of the value of any property recovered in the action. Any expenses paid pursuant to this subsection may not be deducted from the amount that is subject to the claim by the owner under this article.     (Code 1981, §44-12-213, enacted by Ga. L. 1990, p. 1506, § 1.)
GA Code § 44-12-215 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-215. Publication of "Georgia Unclaimed Property List"; Contents of Notice

  The commissioner shall electronically publish notice of the reports filed under Code Section 44-12-214 on the Department of Revenue's website.   The published notice shall be entitled the "Georgia Unclaimed Property List" and shall contain the names in alphabetical order and the internal identification number of persons listed in the report and entitled to notice within the county as provided in Code Section 44-12-214.   The notice shall contain a statement that information concerning the amount or description of the property and the name of the holder may be obtained by any persons possessing an interest in the property by addressing an inquiry to the commissioner. In cases of property submitted pursuant to Code Section 44-12-211.1, the notice shall also contain the year, make, model, and vehicle identification number of the motor vehicle sold pursuant to Article 1A of Chapter 11 of Title 40, "The Abandoned Motor Vehicle Act."   The commissioner shall not be required to publish in such notice any item with a value of less than $50.00 unless the commissioner deems such publication to be in the public interest.     (Code 1981, §44-12-215, enacted by Ga. L. 1990, p. 1506, § 1; Ga. L. 2015, p. 30, § 2/SB 82; Ga. L. 2019, p. 872, § 7/HB 307.)    The 2015 amendment,  effective March 31, 2015, in subsection (a), substituted "electronically publish" for "cause to be published" near the beginning and substituted "on the Department of Revenue's website" for ", once a year in a newspaper of general circulation" at the end; and, in subsection (d), substituted "shall not be required" for "is not required" near the beginning and substituted "the commissioner" for "he" near the middle.    The 2019 amendment,  effective May 7, 2019, added the second sentence in subsection (c).   Editor's notes.   - Ga. L. 2019, p. 872, § 8/HB 307, not codified by the General Assembly, provides: "This Act shall become effective upon approval by the Governor or upon its becoming law without such approval for purposes of developing the required forms and shall become effective on September 1, 2019, for all other purposes." The Governor signed this Act on May 7, 2019.   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Escheat, § 33.   C.J.S.   - 76 C.J.S., Records, §§ 60 et seq., 93 et seq.   U.L.A.   - Uniform Disposition of Unclaimed Property Act (U.L.A.) §§ 12, 23.
GA Code § 44-12-217 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-217. Sale or Destruction of Property

  All abandoned property, other than money delivered to the commissioner under this article, shall, within three years after the delivery, be sold by him to the highest bidder at public sale in whatever city in the state affords, in his judgment, the most favorable market for the property involved.The commissioner may decline the highest bid and reoffer the property for sale if he considers the price bid insufficient. He need not offer any property for sale if, in his opinion, the probable cost of the sale exceeds the value of the property.   Any sale held under this Code section shall be preceded by a single publication of notice thereof at least three weeks in advance of the sale in a newspaper of general circulation in the county where the property is to be sold.   At any sale conducted by the commissioner pursuant to this article, the purchaser shall receive title to the property purchased free from all claims of the owner or prior holder thereof and of all persons claiming through or under them. The commissioner shall execute all documents necessary to complete the transfer of title.   If the commissioner determines after investigation that any property delivered under this article has insubstantial commercial value of less than $100.00, he may destroy or otherwise dispose of the property at any time.No action or proceeding may be maintained against the state or any officer or against any holder for or on account of any action taken by the commissioner pursuant to this subsection.     (Code 1981, §44-12-217, enacted by Ga. L. 1990, p. 1506, § 1.)   OPINIONS OF THE ATTORNEY GENERAL   Transfer of abandoned stock certificates.    - Under the Disposition of Unclaimed Property Act, O.C.G.A. § 44-12-190 et seq., stock certificates deemed abandoned should be tendered to the Department of Revenue, registered in the name of the state revenue commissioner. 1983 Op. Att'y Gen. No. 83-77.   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Escheat, § 45.   C.J.S.   - 30A C.J.S., Escheat, §§ 9, 22, 23.   U.L.A.   - Uniform Disposition of Unclaimed Property Act (U.L.A.) § 17.
GA Code § 44-12-218 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-218. Disposition of Funds Received Under Article

 All funds received under this article, including the proceeds from the sale of abandoned property under Code Section 44-12-217, shall be deposited by the commissioner in the general fund; provided, however, that the commissioner may deduct moneys necessary to cover the direct administrative expenses required to identify, locate, secure, and transmit abandoned property prior to depositing such funds. Before making a deposit he or she shall record the name and last known address of each person appearing from the holders' reports to be entitled to the abandoned property and of the name and last known address of each insured person or annuitant and, with respect to each policy or contract listed in the report of an insurance corporation, its number, the name of the corporation, and the amount due.    (Code 1981, §44-12-218, enacted by Ga. L. 1990, p. 1506, § 1; Ga. L. 2013, p. 636, § 2/HB 359; Ga. L. 2015, p. 30, § 3/SB 82.)    The 2013 amendment,  effective May 6, 2013, deleted the subsection (a) designation; in the first sentence of this Code section, deleted ", except that the commissioner shall retain in a separate trust fund a sum sufficient from which he shall make prompt payment of claims duly allowed by him as provided in Code Section 44-12-220" following "fund" at the end, and inserted "or she" near the beginning of the second sentence; and deleted former subsection (b), which read: "Before making any deposit to the credit of the general fund the commissioner may deduct:"   "(1) Any costs in connection with sale of abandoned property;   "(2) Any costs of mailing and publication in connection with any abandoned property;   "(3) Operating expenses;   "(4) Amounts required to make payments to other states, during the next fiscal year, through reciprocity agreements; and   "(5) Expenses for consulting services."    The 2015 amendment,  effective March 31, 2015, in the first sentence, deleted "forthwith" following "shall" and added the proviso at the end.   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Escheat, § 43 et seq.   C.J.S.   - 30A C.J.S., Escheat, §§ 9, 22, 23. 81A C.J.S., States, § 228.   U.L.A.   - Uniform Disposition of Unclaimed Property Act (U.L.A.) §§ 18, 26.
GA Code § 44-12-219 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-219. When Commissioner May Decline to Receive Certain Property

 The commissioner, after receiving reports of property deemed abandoned pursuant to this article, may decline to receive any property reported which he deems to have a value less than the cost of giving notice and holding sale, or he may, if he deems it desirable because of the small sum involved, postpone taking possession until a sufficient sum accumulates.Unless the holder of the property is notified to the contrary within 120 days after filing the report required under Code Section 44-12-214, the commissioner shall be deemed to have elected to receive the custody of the property.    (Code 1981, §44-12-219, enacted by Ga. L. 1990, p. 1506, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 1 Am. Jur. 2d, Abandoned, Lost, and Unclaimed Property, §§ 30, 34. 27 Am. Jur. 2d, Escheat, § 46 et seq.   C.J.S.   - 1 C.J.S., Abandonment, § 12. 30A C.J.S., Escheat, § 9 et seq.   U.L.A.   - Uniform Disposition of Unclaimed Property Act (U.L.A.) § 22.
GA Code § 44-12-220 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-220. Claims for Property Paid or Delivered to Commissioner; Procedure; Destruction of Records After Seven Years

  A person, excluding another state, claiming an interest in any property paid or delivered to the commissioner may file with him a claim on a form prescribed by him and verified by the claimant.   The commissioner shall consider each claim within 90 days after it is filed and give written notice to the claimant if the claim is denied in whole or in part.The notice may be given by mailing it to the last address, if any, stated in the claim as the address to which notices are to be sent.If no address for notices is stated in the claim, the notice may be mailed to the last address, if any, of the claimant as stated in the claim.No notice of denial need be given if the claim fails to state either the last address to which notices are to be sent or the address of the claimant.   If a claim is allowed, the commissioner shall pay over or deliver to the claimant the property or the amount the commissioner actually received or the net proceeds if it has been sold by the commissioner.The owner is not entitled to receive income or other increments accruing after remittance to the commissioner.   The commissioner may, after seven years following the receipt of property, destroy such records related to the property as deemed necessary; and after said seven-year period any claim relating to such property must be fully substantiated by a claimant, without recourse to such records.     (Code 1981, §44-12-220, enacted by Ga. L. 1990, p. 1506, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Escheat, § 46 et seq.   C.J.S.   - 30A C.J.S., Escheat, §§ 22, 23. 81A C.J.S., States, § 269.   U.L.A.   - Uniform Disposition of Unclaimed Property Act (U.L.A.) § 19.
GA Code § 44-12-221 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-221. Appeal of Commissioner's Decision

 Any person aggrieved by a decision of the commissioner or whose claim the commissioner has failed to act upon within 90 days after the filing of the claim may appeal such decision or lack of decision to the Superior Court of Fulton County.The proceeding shall be brought within 90 days after the decision of the commissioner or within 180 days of the filing of the claim if the commissioner fails to act.The appeal shall be tried de novo without a jury.    (Code 1981, §44-12-221, enacted by Ga. L. 1990, p. 1506, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Escheat, § 46 et seq.   C.J.S.   - 30A C.J.S., Escheat, §§ 9, 10. 81A C.J.S., States, § 297.   U.L.A.   - Uniform Disposition of Unclaimed Property Act (U.L.A.) § 21.
GA Code § 44-12-222 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-222. Determination of Claim; Hearing

  The commissioner shall consider any claim filed under this article and may hold a hearing and receive evidence concerning it.If a hearing is held, he shall prepare a finding and a decision in writing on each claim filed, stating the substance of any evidence heard by him and the reasons for his decision.The decision shall be a public record.   If the claim is allowed, the commissioner shall make payment forthwith.The claim shall be paid without deduction for costs of notice.     (Code 1981, §44-12-222, enacted by Ga. L. 1990, p. 1506, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Escheat, § 46 et seq.   C.J.S.   - 30A C.J.S., Escheat, §§ 22, 23. 81A C.J.S., States, §§ 273, 278.   U.L.A.   - Uniform Disposition of Unclaimed Property Act (U.L.A.) § 20.
GA Code § 44-12-223 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-223. Effect of Periods of Limitation

 The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or property, shall not prevent the money or property from being presumed abandoned property nor affect any duty to file a report required by this article or to pay or deliver abandoned property to the commissioner.    (Code 1981, §44-12-223, enacted by Ga. L. 1990, p. 1506, § 1.)   OPINIONS OF THE ATTORNEY GENERAL   Outstanding checks not abandoned property.   - Outstanding checks may be evidence of abandoned deposits, but the checks themselves would not be abandoned property. 1981 Op. Att'y Gen. No. 81-16.
GA Code § 44-12-224 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-224. Agreement and Fees for Recovery or Assistance in Recovery of Property Reported and Delivered to Commissioner

  All agreements to pay compensation to recover or assist in the recovery of property reported and delivered to the commissioner under this article shall be unenforceable for 24 months after the date of payment or the delivery of property to the commissioner.   The fees charged by any person, firm, or corporation to recover or assist in the recovery for and on behalf of a claimant of property reported and delivered to the commissioner under this article shall not exceed 10 percent of the value of the property recovered.All funds or property located by a person to be compensated by the payment of such a fee shall be paid or delivered directly to the owner and may not be paid or delivered to the person to receive the fee whether pursuant to a duly executed power of attorney or otherwise.     (Code 1981, §44-12-224, enacted by Ga. L. 1990, p. 1506, § 1.)
GA Code § 44-12-225 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-225. Confidentiality of Information or Records Required by This Article

 Any information or records required to be furnished to the commissioner shall be confidential except as otherwise necessary in the proper administration of this article.    (Code 1981, §44-12-225, enacted by Ga. L. 1990, p. 1506, § 1.)
GA Code § 44-12-226 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-226. Expiration of Limitation Specified by Contract, Statute, or Court Order Not to Affect Duties Required by This Article

 The expiration, before or after July 1, 1990, of any period of time specified by contract, statute, or court order during which a claim for money or property can be made or during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or to recover property, does not prevent the money or property from being presumed abandoned nor affect any duty to file a report or to pay or deliver abandoned property to the commissioner as required by this article.    (Code 1981, §44-12-226, enacted by Ga. L. 1990, p. 1506, § 1.)   RESEARCH REFERENCES   ALR.   - Regulation of pre-paid stored-value "gift cards", 46 A.L.R.6th 437.
GA Code § 44-12-227 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-227. Penalties

  A person, firm, or corporation who willfully fails to render any report or perform other duties required under this article shall pay a civil penalty of $100.00 for each day the report is withheld or the duty is not performed, but not more than $5,000.00.   A person, firm, or corporation who willfully fails to pay or deliver property to the commissioner as required under this article shall pay a civil penalty equal to 25 percent of the value of the property that should have been paid or delivered.   A person, firm, or corporation who willfully refuses after written demand by the commissioner to pay or deliver as required by this article is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00 or by imprisonment not to exceed six months or by both such fine and imprisonment.     (Code 1981, §44-12-227, enacted by Ga. L. 1990, p. 1506, § 1.)