reglab/housing_qa huggingface dataset:
GA Code § 44-12-195 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-195. When Sums Payable on Traveler's Checks or Money Orders Deemed Abandoned; Conditions Under Which Same May Be Subjected to Custody of State as Unclaimed Property

  Except as otherwise provided in this Code section, any sum payable on a traveler's check that has been outstanding for more than 15 years after its issuance is presumed abandoned unless the owner, within 15 years, has communicated in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the issuer.   Except as otherwise provided in this Code section, any sum payable on a money order or similar written instrument, other than a third-party bank check, that has been outstanding for more than seven years after its issuance is presumed abandoned unless the owner, within seven years, has communicated in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the issuer.   Any sum payable on a traveler's check, money order, or similar written instrument, other than a third-party bank check, described in this Code section may not be subjected to the custody of this state as unclaimed property unless:   The records of the issuer show that the traveler's check, money order, or similar written instrument was purchased in this state;   The issuer has its principal place of business in this state and the records of the issuer do not show the state in which the traveler's check, money order, or similar written instrument was purchased; or   The issuer has its principal place of business in this state, the records of the issuer show the state in which the traveler's check, money order, or similar written instrument was purchased, and the laws of the state of purchase do not provide for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property.     Notwithstanding any other provision of this article, the provisions of subsection (c) of this Code section relating to the requirements for subjecting certain written instruments to the custody of the state shall apply to sums payable on traveler's checks, money orders, and similar written instruments presumed abandoned on or after February 1, 1965, except to the extent that those sums have been paid over to a state prior to January 1, 1973.     (Code 1981, §44-12-195, enacted by Ga. L. 1990, p. 1506, § 1.)
GA Code § 44-12-196 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-196. When Instruments on Which Banking or Financial Organization Directly Liable Presumed Abandoned; Service Charges

 Any sum payable on a check, draft, or similar instrument, except money orders, traveler's checks, and other similar instruments subject to Code Section 44-12-195, on which a banking or financial organization is directly liable, including but not limited to, cashier's checks and certified checks, which has been outstanding for more than five years after it was payable or after its issuance if payable on demand, is presumed abandoned unless the owner, within five years, has communicated in writing with the banking or financial organization concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization. Except for charges imposed with respect to issuance, no banking or financial organization shall deduct a service charge from, or otherwise impose a service charge on, any instrument described in this Code section unless such instrument is not presented for payment within two years of the date of issuance. Service charges may be imposed for each month of the 12 months following such two-year period.    (Code 1981, §44-12-196, enacted by Ga. L. 1990, p. 1506, § 1; Ga. L. 1992, p. 1237, § 2; Ga. L. 1995, p. 1368, § 1.)
GA Code § 44-12-199 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-199. When Funds Held or Owing by Utility Presumed Abandoned

 The following funds held or owing by any utility are presumed abandoned:    Any deposit made by a subscriber with a utility to secure payment for or any sum paid in advance for utility services to be furnished in this state, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than five years after the termination of the services for which the deposit or advance payment was made; and   Any sum which a utility has been ordered to refund and which was received for utility services rendered in this state, together with any interest thereon, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than five years after the date it became payable in accordance with the final determination or order providing for the refund unless the regulatory body having jurisdiction over the utility has provided by order for a different disposition of such unclaimed funds.     (Code 1981, §44-12-199, enacted by Ga. L. 1990, p. 1506, § 1; Ga. L. 1992, p. 1237, § 5.)   OPINIONS OF THE ATTORNEY GENERAL   Intangible property held or owing is included.    - In light of the broad scope of the omnibus section (O.C.G.A. § 44-12-200) and the uniform nature of the interpretation of the 1972 and 1990 Disposition of Unclaimed Property Acts, O.C.G.A. § 44-12-190 et seq., the omnibus section of each respective Act includes intangible property held or owing in the ordinary course of the holder's business. 1993 Op. Att'y Gen. No. 93-2.   RESEARCH REFERENCES   Am. Jur. 2d.   - 1 Am. Jur. 2d, Abandoned, Lost, and Unclaimed Property, § 39. 30 Am. Jur. 2d, Escheat, § 5 et seq.   C.J.S.   - 1 C.J.S., Abandonment, § 8 et seq. 30A C.J.S., Escheat, § 4 et seq.   U.L.A.   - Uniform Disposition of Unclaimed Property Act (U.L.A.) § 4.   ALR.   - Deposit required by public utility, 43 A.L.R.2d 1262.
GA Code § 44-12-200 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-200. When Unclaimed Court Ordered Refund From Business Association Presumed Abandoned

 Except to the extent otherwise ordered by a court or administrative agency of competent jurisdiction, any sum that a business association has been ordered to refund by a court or administrative agency which has remained unclaimed by the owner for more than five years after it became payable in accordance with the final determination or order providing for the refund, regardless of whether the final determination or order requires any person entitled to a refund to make a claim for it, is presumed abandoned.    (Code 1981, §44-12-200, enacted by Ga. L. 1990, p. 1506, § 1; Ga. L. 1992, p. 1237, § 6.)   OPINIONS OF THE ATTORNEY GENERAL   Intangible property held or owing is included.    - In light of the broad scope of the omnibus section (O.C.G.A. § 44-12-200) and the uniform nature of the interpretation of the 1972 and 1990 Disposition of Unclaimed Property Acts, O.C.G.A. § 44-12-190 et seq., the omnibus section of each respective Act includes intangible property held or owing in the ordinary course of the holder's business. 1993 Op. Att'y Gen. No. 93-2.
GA Code § 44-12-202 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-202. When Unclaimed Property Distributed in Course of Dissolution or Liquidation of a Person Presumed Abandoned

 All property distributable in the course of a voluntary or involuntary dissolution or liquidation of a person that remains unclaimed by the person entitled thereto, within one year after the date of final distribution or liquidation, shall be presumed abandoned.    (Code 1981, §44-12-202, enacted by Ga. L. 1990, p. 1506, § 1; Ga. L. 1992, p. 1237, § 8.)   OPINIONS OF THE ATTORNEY GENERAL   Bank reporting requirements.   - See 1973 Op. Att'y Gen. No. 73-11.   If any particular bank were doing business both in Georgia and another state and the last known address of the person owning the abandoned property was in the other state, the bank should report to the Commissioner of Revenue of the other state, but if the last known address of the owner of the abandoned property was in Georgia, the bank should report to the Commissioner of Banking and Finance in Georgia; if the last known address of the depositor is in neither state the answer would have to depend on the particular state involved and its laws as to unclaimed and abandoned property. 1974 Op. Att'y Gen. No. 74-68.    Proceeds of accounts not claimed during voluntary liquidation of a financial institution pass to the custody of the Department of Banking and Finance for ultimate disbursement pursuant to the Disposition of Unclaimed Property Act, O.C.G.A. § 44-12-190 et seq. 1975 Op. Att'y Gen. No. 75-135.   RESEARCH REFERENCES   Am. Jur. 2d.   - 1 Am. Jur. 2d, Abandoned, Lost, and Unclaimed Property, § 37. 27 Am. Jur. 2d, Escheat, § 5 et seq.   C.J.S.   - 1 C.J.S., Abandonment, § 8 et seq. 7 C.J.S., Associations, §§ 9, 10. 9 C.J.S., Banks and Banking, §§ 201, 226.   U.L.A.   - Uniform Disposition of Unclaimed Property Act (U.L.A.) § 6.
GA Code § 44-12-203 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-203. When Intangible Property Held in Fiduciary Capacity for Benefit of Another, and Income Derived Therefrom, Presumed Abandoned

  Intangible property and any income or increment derived therefrom held in a fiduciary capacity for the benefit of another person is presumed abandoned unless the owner, within five years after it has become payable or distributable, has increased or decreased the principal, accepted payment of principal or income, communicated concerning the property, or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by the fiduciary.   Funds in an individual retirement account or a retirement plan for self-employed individuals or similar account or plan established pursuant to the internal revenue laws of the United States are not payable or distributable within the meaning of subsection (a) of this Code section unless, under the terms of the account or plan, distribution of all or part of the funds would then be mandatory.   For the purpose of this Code section, a person who holds property as an agent for a business association is deemed to hold the property in a fiduciary capacity for a business association alone, unless the agreement between him and the business association provides otherwise.   For the purposes of this article, a person who is deemed to hold property in a fiduciary capacity for a business association alone is the holder of the property only insofar as the interest of the business association in the property is concerned, and the business association is the holder of the property insofar as the interest of any other person in the property is concerned.     (Code 1981, §44-12-203, enacted by Ga. L. 1990, p. 1506, § 1; Ga. L. 1992, p. 1237, § 9.)   OPINIONS OF THE ATTORNEY GENERAL   Bank reporting requirements.   - See 1973 Op. Att'y Gen. No. 73-11.   If any particular bank were doing business both in Georgia and another state and the last known address of the person owning the abandoned property was in the other state, the bank should report to the Commissioner of Revenue of the other state, but if the last known address of the owner of the abandoned property was in Georgia, the bank should report to the Commissioner of Banking and Finance in Georgia; if the last known address of the depositor is in neither state the answer would have to depend on the particular state involved and its laws as to unclaimed and abandoned property. 1974 Op. Att'y Gen. No. 71-68.   RESEARCH REFERENCES   Am. Jur. 2d.   - 1 Am. Jur. 2d, Abandoned, Lost and Unclaimed Property, § 2 et seq. 27 Am. Jur. 2d, Escheat, § 6.   C.J.S.   - 1 C.J.S., Abandonment, § 8 et seq. 1 C.J.S., Absentees, § 5 et seq.   U.L.A.   - Uniform Disposition of Unclaimed Property Act (U.L.A.) § 7.
GA Code § 44-12-204 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-204. When Intangible Property Held for Owner by State or Federal Entity Presumed Abandoned

 All intangible property held for the owner by any state or federal court, government, governmental subdivision or agency, public corporation, or public authority which remains unclaimed by the owner for more than five years after becoming payable or distributable is presumed abandoned.    (Code 1981, §44-12-204, enacted by Ga. L. 1990, p. 1506, § 1; Ga. L. 1992, p. 1237, § 10.)   Cross references.   - Escheat of property to state generally, Art. 5, Ch. 2, T. 53.   OPINIONS OF THE ATTORNEY GENERAL   Bank reporting requirements.   - See 1973 Op. Att'y Gen. No. 73-11.   Disposition of restitution payments when victim cannot be located.   - Restitution payments should not be returned to the probationer when the intended recipient cannot be located: instead, the funds should be retained for the benefit of the victim until the completion of the seven-year [now five-year] holding period, and at that point, the account should be reported and subsequently delivered to the State Revenue Commissioner in accordance with the laws of this state concerning disposition of unclaimed property. 1987 Op. Att'y Gen. No. U87-17.   RESEARCH REFERENCES   Am. Jur. 2d.   - 1 Am. Jur. 2d, Abandoned, Lost, and Unclaimed Property, § 40.   C.J.S.   - 1 C.J.S., Abandonment, § 8 et seq.   U.L.A.   - Uniform Disposition of Unclaimed Property Act (U.L.A.) § 8.
GA Code § 44-12-205 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-205. When Gift Certificate or Credit Memo Presumed Abandoned

  A gift certificate or a credit memo issued in the ordinary course of an issuer's business which remains unclaimed by the owner for more than five years after becoming payable or distributable is presumed abandoned.   In the case of a gift certificate, the amount presumed abandoned is the price paid by the purchaser for the gift certificate.In the case of a credit memo, the amount presumed abandoned is the amount credited to the recipient of the memo.     (Code 1981, §44-12-205, enacted by Ga. L. 1990, p. 1506, § 1; Ga. L. 1992, p. 1237, § 11.)   Law reviews.   - For comment, "Unwrapping Escheat: Unclaimed Property Laws and Gift Cards," see 60 Emory L. J. 971 (2011).   JUDICIAL DECISIONS   No presumption of abandonment.    - Assessment of dormancy fees on gift cards and certificates and refusal to honor them after one year did not violate O.C.G.A. § 44-12-205 of the Georgia Disposition of Unclaimed Property Act (DUPA), O.C.G.A. § 44-12-190 et seq; as the cards and certificates had not been unclaimed by the plaintiffs for more than five years when the complaint was filed, they were not presumed abandoned, and DUPA did not apply. Simon Prop. Group, Inc. v. Benson, 278 Ga. App. 277, 628 S.E.2d 697 (2006), aff'd, remanded, 281 Ga. 744, 642 S.E.2d 687 (2007).   Law governing claims by owners against property holders.    - O.C.G.A. § 44-12-205(b), which simply provided that an amount equal to the price paid for an unclaimed card or certificate was to be paid to the state after five years, regardless of whether the card or certificate previously expired or otherwise lost value pursuant to contractual terms, did not provide a basis for the owners of certain gift cards and certificates to bring an action against the holder of the cards and certificates that claimed that the dormancy fees and expiration dates on the cards and certificates violated the Disposition of Unclaimed Property Act; the relationship between the owners and the holder was governed by Georgia contract law. Benson v. Simon Prop. Group, Inc., 281 Ga. 744, 642 S.E.2d 687 (2007).
GA Code § 44-12-206 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-206. When Unpaid Wages Presumed Abandoned

 Unpaid wages, including wages represented by unpresented payroll checks owing in the ordinary course of the holder's business, that have remained unclaimed by the owner for more than one year after becoming payable are presumed abandoned.    (Code 1981, §44-12-206, enacted by Ga. L. 1990, p. 1506, § 1; Ga. L. 1992, p. 1237, § 12.)
GA Code § 44-12-207 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-207. When Employee Benefit Trust Distributions and Income Thereon Presumed Abandoned; Exceptions

  All employee benefit trust distributions and any income or other increment thereon are abandoned to this state under the provisions of this article if the owner has not, within five years after it becomes payable or distributable, accepted such distribution, corresponded in writing concerning such distribution, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the fiduciary of the trust or custodial fund or administrator of the plan under which such trust or fund is established.   An employee benefit trust distribution and any income or other increment thereon shall not be presumed abandoned to this state under the provisions of this article if, at the time such distribution shall become payable to a participant in an employee benefit plan, such plan contains a provision for forfeiture, if the trustees of an employee benefit plan supported wholly or partially from public funds adopt a provision for forfeiture, or if such plan expressly authorizes the trustee to declare a forfeiture of a distribution to a beneficiary thereof who cannot be found after a period of time specified in such plan, and the trust or fund established under the plan has not terminated prior to the date on which such distribution would become forfeitable in accordance with such provision.     (Code 1981, §44-12-207, enacted by Ga. L. 1990, p. 1506, § 1; Ga. L. 1992, p. 1237, § 13.)
GA Code § 44-12-208 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-208. When Funds Held or Owing by Insurer or Hospital, Medical, or Dental Service Corporation Presumed Abandoned; When Sums Payable on Negotiable Instrument for Payment of Claim Under Insurance Contract Presumed Abandoned

  Any funds held or owing by a fire, casualty, or any other insurer or surety as defined in Title 33 or a hospital, medical, or dental service corporation organized under Title 31 that are due and payable, as established from the records of the insurer or surety either to an insured, a principal, or other claimant under any insurance policy or contract shall be presumed abandoned if they have not been claimed or paid within five years after becoming due or payable.Funds payable according to the insurer's or surety's records are deemed due and payable although the policy or contract has not been surrendered as required.   If a person other than the insured, the principal, or the claimant is entitled to the funds and no address of the person is known to the insurer or surety or if it is not definite and certain from the records of the insurer or surety what person is entitled to the funds, it is presumed that the last known address of the person entitled to the funds is the same as the last known address of the insured, the principal, or the claimant according to the records of the insurer or surety.   Any sum for the payment of a claim under an insurance policy or contract, which sum is payable on a negotiable instrument on which the insurer is the maker or drawer shall be presumed abandoned if, within five years from the date payable, or from the date of issuance, if payable on demand, the owner has not:   Negotiated the instrument;   Corresponded in writing with the insurer concerning it; or   Otherwise indicated an interest by a writing on file with the insurer.       (Code 1981, §44-12-208, enacted by Ga. L. 1990, p. 1506, § 1; Ga. L. 1992, p. 1237, § 14.)   RESEARCH REFERENCES   U.L.A.   - Uniform Disposition of Unclaimed Property Act (U.L.A.) § 16.
GA Code § 44-12-210 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-210. Commencement of Abandonment for Certain Property Described in Code Section 44-12-197

 The abandonment period of any property described in Code Section 44-12-197 that is automatically renewable shall commence upon the expiration of its initial time period except that, in the case of any renewal to which the owner consents at or about the time of renewal by communicating in writing with the person holding the property or otherwise indicating such consent as evidenced by a memorandum on file prepared by an employee, the abandonment period shall commence upon the expiration of the last time period for which consent was given.    (Code 1981, §44-12-210, enacted by Ga. L. 1990, p. 1506, § 1.)   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.
GA Code § 44-12-211 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 12 - Rights in Personalty|Article 5 - Disposition of Unclaimed Property|§ 44-12-211. When Bequeathed Property Presumed Abandoned; When Person Presumed Dead Without Heirs or Distributees and Property Presumed Abandoned

  Property which has been bequeathed to any person shall be presumed abandoned if not claimed by that person or his heirs, legatees, or distributees within five years after the death of the testator unless the will makes provision in case of a lapse, failure, or rejection of the bequest for the disposition of the property.   When a person owning property is not known for five successive years to be living and neither the person named, his heirs, or distributees can be located or proved for five successive years to have been living, he shall be presumed to have died without heirs or distributees and his property shall be presumed abandoned.     (Code 1981, §44-12-211, enacted by Ga. L. 1990, p. 1506, § 1; Ga. L. 1992, p. 1237, § 15.)