GA Code § 44-12-24 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 2 - Choses in Action|§ 44-12-24. What Rights of Action May and May Not Be Assigned

 Except for those situations governed by Code Sections 11-2-210 and 11-9-406, a right of action is assignable if it involves, directly or indirectly, a right of property. A right of action for personal torts, for legal malpractice, or for injuries arising from fraud to the assignor may not be assigned.   (Civil Code 1895, § 3079; Civil Code 1910, § 3655; Code 1933, § 85-1805; Ga. L. 2001, p. 362, § 33; Ga. L. 2013, p. 634, § 1/HB 160; Ga. L. 2013, p. 636, § 1/HB 359.)    The 2001 amendment,  effective July 1, 2001, substituted "11-9-406" for "11-9-402" in the first sentence.    The 2013 amendments.  The first 2013 amendment, effective May 6, 2013, inserted ", for legal malpractice," in the last sentence of this Code section. The second 2013 amendment, effective May 6, 2013, made identical changes.   Law reviews.   - For article, "Uninsured Motorist Coverage in Georgia," see 4 Ga. St. B. J. 329 (1968). For annual survey on legal ethics, see 64 Mercer L. Rev. 189 (2012). For annual survey on legal ethics, see 65 Mercer L. Rev. 175 (2013). For note, "Wrongful Refusal to Pay Insurance Claims in Georgia," see 13 Ga. L. Rev. 935 (1979). For note, "Conflicts of Interest in the Liability Insurance Setting," 13 Ga. L. Rev. 973 (1979). For note, "Laissez Fair: The Case for Alternative Litigation Funding and Assignment of Lawsuit Proceeds in Georgia," see 49 Ga. L. Rev. 1121 (2015). For comment, "The Employer's/Insurance Carrier's Right to Subrogation Under the Georgia Workers' Compensation Act (O.C.G.A. Section 34-9-11.1): How Long Will It Last?," see 46 Mercer L. Rev. 1575 (1995).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Assignable Rights of Action   Nonassignable Rights of Action    OPINIONS OF THE ATTORNEY GENERAL   Federal preemption as to employee welfare benefit plans.    - The federal Employment Retirement Income Security Act of 1974 (ERISA), preempts the application of O.C.G.A. § 44-12-24 to employee welfare benefit plans regulated by ERISA. 1989 Op. Att'y Gen. 89-40.   RESEARCH REFERENCES   C.J.S.   - 6A C.J.S., Assignments, §§ 7, 30.   ALR.    - Assignability of right of action ex delicto for injury to property, as affected by statute, 5 A.L.R. 130.    Priority as between one who redelivers papers or securities not transferable by endorsement or delivery to pledgor or assignee and a bona fide purchaser from the latter, 37 A.L.R. 1540.    Priority of assignment of chose in action over subsequent garnishment as affected by lack of notice to debtor of assignment, 52 A.L.R. 109.    Assignability of claim against officers or directors of corporation for breach of duty, 74 A.L.R. 200; 80 A.L.R. 875; 80 A.L.R. 875.    Survivability or assignability of action or cause of action in tort for damages for fraudulently procuring purchaser or sale of property, 76 A.L.R. 403.    Meaning and scope of covenant in assignment of claim as regards legality or quality of claim, 91 A.L.R. 548.    Assignability or survivability of cause of action in tort against third person for procuring breach of contract, 93 A.L.R. 1133.    Scope and extent of subrogation in favor of one entitled to be subrogated to mortgage lien, 107 A.L.R. 785.    Assignability of right to rescind or of right to return of money or other property as incident of rescission, 110 A.L.R. 849; 162 A.L.R. 743.    Attorney's contract for contingent fee as amounting to an equitable assignment of interest in cause of action, or proceed settlement thereof, 124 A.L.R. 1508.    Right of one whose property without his consent was fraudulently or mistakenly applied to an indebtedness for which was not responsible, to be subrogated to creditor's rights or security held by him, 129 A.L.R. 196.    Rights and remedies incident to subrogation to one but not both elements of a single cause of action for injury to person damage to property, 140 A.L.R. 1241.   Assignment of, or succession to, statutory right of action for recovery of money lost at gambling, 18 A.L.R.2d 999.   Assignability of claim for personal injury or death, 40 A.L.R.2d 500; 33 A.L.R.4th 82.   Judgment debtor's personal injury claims against third person or latter's liability insurer as subject to creditor's bill, 51 A.L.R.2d 595.   Assignability of claim in tort for damage to personal property, 57 A.L.R.2d 603.   Assignability of claim for malicious prosecution, 76 A.L.R.2d 1286.   Rights and remedies of property insurer as against third-person tort-feasor who has settled with insured, 92 A.L.R.2d 102.   Intervenor's right to disqualify judge, 92 A.L.R.2d 1110.   Assignability of insured's right to recover over against liability insurer for rejection of settlement offer, 12 A.L.R.3d 1158.   Validity and effect of "loan receipt" agreement between injured party and one tort-feasor, for loan repayable to extent of injured party's recovery from a cotort-feasor, 62 A.L.R.3d 1111.   Right of "Blue Cross" or "Blue Shield," or similar hospital or medical service organization, to be subrogated to certificate holder's claims against tort-feasor, 73 A.L.R.3d 1140.   Right of provider of health or medical services, as assignee of claim under ERISA (Employment Retirement Income Security Act of 1974), to maintain action against plan payor, 133 A.L.R. Fed. 109.