reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 17 - CRIME VICTIMS' BILL OF RIGHTS (§§ 17-17-1 — 17-17-16) › Section 17-17-8.1 - Procedures for a victim to be interviewed by an accused or accused's attorney or agent; duties and conditions

(a)
A victim shall have the right to refuse to submit to an interview by the accused, the accused's attorney, or an agent of the accused. It shall be the duty of the prosecuting attorney to advise a victim that he or she has the right to agree to such an interview or to refuse such an interview.
(b)
If a victim agrees to be interviewed, such victim may set conditions for such interview as he or she desires. Conditions may include, but shall not be limited to, the time, date, and location of the interview, what other persons may be present during the interview, any security arrangements for the interview, and whether or not the interview may be recorded. If requested by a victim, the prosecuting attorney or his or her agent may attend the interview. A victim has the right to terminate the interview at any time or to refuse to answer any question during the interview.
(c)
The accused, the accused's attorney, and any agent of the accused shall not contact a victim in an unreasonable manner; and if a victim has clearly expressed to any such party a desire not to be contacted, no contact shall be made. When making any permissible contact with the victim, the accused's attorney or an agent of the accused shall make a clear statement that he or she is contacting the victim on behalf of the accused.
(d)
For the purposes of this Code section, a peace officer shall not be considered a victim if the act that would have made the officer a victim occurs while the peace officer is acting within the scope of the officer's official duties.
(e)
Except as provided in this Code section, the prosecuting attorney shall not take any action to deny an accused's attorney access to a victim for the purpose of interviewing such victim.
Added by 2010 Ga. Laws 403,§ 11, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 17 - CRIME VICTIMS' BILL OF RIGHTS (§§ 17-17-1 — 17-17-16) › Section 17-17-9 - Exclusion of testifying victim from criminal proceedings; separate victims' waiting areas

(a)
A victim has the right to be present at all criminal proceedings in which the accused has the right to be present. A victim or member of the immediate family of a victim shall not be excluded from any portion of any hearing, trial, or proceeding pertaining to the offense based solely on the fact that such person is subpoenaed to testify unless it is established that such victim or family member is a material and necessary witness to such hearing, trial, or proceeding and the court finds that there is a substantial probability that such person's presence would impair the conduct of a fair trial. The provisions of this Code section shall not be construed as impairing the authority of a judge to remove a person from a trial or hearing or any portion thereof for the same causes and in the same manner as the rules of court or law provides for the exclusion or removal of the accused. A motion to exclude a victim or family members from the courtroom for any reason other than misconduct shall be made and determined prior to jeopardy attaching.
(b)
A victim of a criminal offense who has been or may be subpoenaed to testify at such hearing or trial shall be exempt from the provisions of Code Section
24-6-615
requiring sequestration; provided, however, that the court shall require that the victim be scheduled to testify as early as practical in the proceedings.
(c)
If the victim is excluded from the courtroom, the victim shall have the right to wait in an area separate from the accused, from the family and friends of the accused, and from witnesses for the accused during any judicial proceeding involving the accused, provided that such separate area is available and its use in such a manner practical. If such a separate area is not available or practical, the court, upon request of the victim made through the prosecuting attorney, shall attempt to minimize the victim's contact with the accused, the accused's relatives and friends, and witnesses for the accused during any such judicial proceeding.
Amended by 2014 Ga. Laws 669,§ 17, eff. 4/29/2014.
Amended by 2011 Ga. Laws 52,§; 35, eff. 1/1/2013.
Amended by 2010 Ga. Laws 403,§; 12, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 17 - CRIME VICTIMS' BILL OF RIGHTS (§§ 17-17-1 — 17-17-16) › Section 17-17-9.1 - Communications between victim assistance personnel and victims privileged

Communications between a victim, other than a peace officer, and victim assistance personnel appointed by a prosecuting attorney and any notes, memoranda, or other records made by such victim assistance personnel of such communication shall be considered attorney work product of the prosecuting attorney and not subject to disclosure except where such disclosure is required by law. Such work product shall be subject to other exceptions that apply to attorney work product generally.
Added by 2010 Ga. Laws 403,§ 13, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 17 - CRIME VICTIMS' BILL OF RIGHTS (§§ 17-17-1 — 17-17-16) › Section 17-17-10 - Requirement by court that defense counsel not disclose victim information to accused

As a condition of permitting a response to an inquiry as to the victim's current address, telephone number, or place of employment, the court may require counsel or any other officer of the court, including but not limited to counsel for the defendant, not to transmit or permit transmission to the defendant of the victim's current address, telephone number, or place of employment by the counsel or officer of the court or any employee, agent, or other representative of the counsel or officer of the court.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 17 - CRIME VICTIMS' BILL OF RIGHTS (§§ 17-17-1 — 17-17-16) › Section 17-17-11 - Right of victim to express opinion on disposition of accused's case

The prosecuting attorney shall offer the victim the opportunity to express the victim's opinion on the disposition of an accused's case, including the views of the victim regarding:
(1)
Plea or sentence negotiations; and
(2)
Participation in pretrial or post-conviction diversion programs.
This provision shall not limit any other right created pursuant to state law.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 17 - CRIME VICTIMS' BILL OF RIGHTS (§§ 17-17-1 — 17-17-16) › Section 17-17-12 - Notification to victim of accused's motion for new trial or appeal, release on bail or recognizance, appellate proceedings, and outcome of appeal; notifications regarding death penalty cases; victim's rights retained at new trial or on appeal

(a)
Upon the written request of the victim, the prosecuting attorney shall notify the victim of the following:
(1)
That the accused has filed a motion for new trial, an appeal of his or her conviction, or an extraordinary motion for new trial;
(2)
Whether the accused has been released on bail or other recognizance pending the disposition of the motion or appeal;
(3)
The time and place of any appellate court proceedings relating to the motion or appeal and any changes in the time or place of those proceedings; and
(4)
The result of the motion or appeal.
(b)
The Attorney General shall notify the prosecuting attorney of the filing of collateral attacks on convictions of this state which are being defended by the Attorney General.
(b.1)
In cases in which the accused is convicted of a capital offense and receives the death penalty, the Attorney General shall:
(1)
Notify the prosecuting attorney and upon the written request of the victim notify the victim of the filing and disposition of all collateral attacks on such conviction which are being defended by the Attorney General, including, but not limited to, petitions for a writ of habeas corpus, and the time and place of any such proceedings and any changes in the time or place of those proceedings; and
(2)
Provide the prosecuting attorney and upon the written request of the victim provide the victim with a report on the status of all pending appeals, collateral attacks, and other litigation concerning such conviction which is being defended by the Attorney General at least every six months until the accused dies or the sentence or conviction is overturned or commuted or otherwise reduced to a sentence other than the death penalty.
(c)
In the event the accused is granted a new trial or the conviction is reversed or remanded and the case is returned to the trial court for further proceedings, the victim shall be entitled to request the rights and privileges provided by this chapter.
Amended by 2010 Ga. Laws 403,§ 14, eff. 7/1/2010.
Amended by 2003 Ga. Laws 37, § 4, eff. 5/27/2003.
Amended by 2002 Ga. Laws 910, § 1, eff. 5/15/2002.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 17 - CRIME VICTIMS' BILL OF RIGHTS (§§ 17-17-1 — 17-17-16) › Section 17-17-13 - Notification to victim of impending parole, release for period exceeding 60 days, or pardon; notice of hearing on request to commute death sentence

The State Board of Pardons and Paroles shall give 20 days' advance notification to a victim whenever it considers making a final decision to grant parole, release a defendant for a period exceeding 60 days, or grant a pardon; and the board shall provide the victim with an opportunity to file a written objection to such action. Within 72 hours of receiving a request to commute a death sentence, the State Board of Pardons and Paroles shall provide notification to a victim of the date set for hearing such request and provide such victim an opportunity to file a written response to such request. No notification to the victim need be given unless the victim has expressed a desire for such notification and has provided the State Board of Pardons and Paroles with a current mailing or e-mail address and telephone number. Failure of the victim to inform the board of a change of address or telephone number shall not void a decision of the board.
Amended by 2015 Ga. Laws 43,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 17 - CRIME VICTIMS' BILL OF RIGHTS (§§ 17-17-1 — 17-17-16) › Section 17-17-14 - Victim required to provide current address and phone number to notifying parties

(a)
It is the right and responsibility of the victim who desires notification under this chapter or under any other notification statute to keep the following informed of the victim's current address and phone number:
(1)
The investigating law enforcement agency;
(2)
The prosecuting attorney, until final disposition or completion of the appellate and post-conviction process, whichever occurs later;
(3)
As directed by the prosecuting attorney, the sheriff if the accused is in the sheriff's custody for pretrial, trial, or post-conviction proceedings; the Department of Corrections if the accused is in the custody of the state; or any county correctional facility if the defendant is sentenced to serve time in a facility which is not a state facility;
(4)
The Department of Community Supervision; and
(5)
The State Board of Pardons and Paroles.
(b)
Current addresses and telephone numbers of victims and their names provided for the purposes of notification pursuant to this chapter or any other notification statute shall be confidential and used solely for the purposes of this chapter and shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50, relating to inspection of public records.
Amended by 2015 Ga. Laws 73,§ 5-42, eff. 7/1/2015.
Amended by 2014 Ga. Laws 669,§ 17, eff. 4/29/2014.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 18 - WRITTEN STATEMENTS OF INFORMATION TO VICTIMS OF RAPE OR FORCIBLE SODOMY (§§ 17-18-1 — 17-18-2) › Section 17-18-1 - Duty of certain officials to offer written statement of information to victims of rape or forcible sodomy

When any employee of the Department of Human Services, Department of Community Health, Department of Public Health, Department of Behavioral Health and Developmental Disabilities, a law enforcement agency, or a court has reason to believe that he or she in the course of official duties is speaking to an adult who is or has been a victim of a violation of Code Section
16-6-1
, relating to rape, or Code Section
16-6-2
, relating to aggravated sodomy, such employee shall offer or provide such adult a written statement of information for victims of rape or aggravated sodomy. Such written statement shall, at a minimum, include the information set out in Code Section
17-18-2
and may include additional information regarding resources available to victims of sexual assault. Information for victims of rape or aggravated sodomy may be provided in any language.
Amended by 2011 Ga. Laws 244,§ 5-3, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-15, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 18 - WRITTEN STATEMENTS OF INFORMATION TO VICTIMS OF RAPE OR FORCIBLE SODOMY (§§ 17-18-1 — 17-18-2) › Section 17-18-2 - Information for victims of rape or forcible sodomy

The following information in substantially the form set out in this Code section shall be provided to adult victims of rape or aggravated sodomy in accordance with Code Section
17-18-1
:
"INFORMATION FOR VICTIMS OF RAPE OR FORCIBLE SODOMY
If you are the victim of rape or forcible sodomy, you have certain rights under the law.
Rape or forcible sodomy by a stranger or a person known to you, including rape or forcible sodomy by a person married to you, is a crime. You can ask the government's lawyer to prosecute a person who has committed a crime. The government pays the cost of prosecuting for crimes.
If you are the victim of rape or forcible sodomy, you should contact a local police department or other law enforcement agency immediately. A police officer will come to take a report and collect evidence. You should keep any clothing you were wearing at the time of the crime as well as any other evidence such as bed sheets. Officers will take you to the hospital for a medical examination. You should not shower or douche before the examination. The law requires that the Georgia Crime Victims Emergency Fund pay for the medical examination to the extent of the cost for the collection of evidence of the crime."
Amended by 2011 Ga. Laws 53,§ 6, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 19 - [RESERVED] (§ 17-19-1) › Section 17-19-1 - through 17-19-5 - [Reserved]

Reserved. Repealed by Ga. L. 2013, p. 222, § 11/HB 349, effective June 30, 2018.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 20 - POLICE LINEUPS (§§ 17-20-1 — 17-20-3) › Section 17-20-1 - Definitions

As used in this chapter, the term:
(1)
"Fillers" means individuals who are not suspects.
(2)
"Law enforcement agency" means a governmental unit of one or more individuals employed full time or part time by the state, a state agency or department, or a political subdivision which performs as its principal function activities relating to preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.
(3)
"Live lineup" means an identification procedure in which a suspect and fillers are displayed in person to a witness.
(4)
"Photo lineup" means an identification procedure in which a photograph of a suspect and photographs of fillers are displayed to a witness, either in hard copy form or via computer.
(5)
"Showup" means an identification procedure in which a witness is presented with a single individual.
(6)
"Suspect" means the individual believed by law enforcement to be the possible perpetrator of an alleged crime.
(7)
"Witness" means an individual who observes an alleged crime.
Added by 2015 Ga. Laws 173,§ 4, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 20 - POLICE LINEUPS (§§ 17-20-1 — 17-20-3) › Section 17-20-2 - Written policies for live lineups, photo lineups, and showups

(a)
Not later than July 1, 2016, any law enforcement agency that conducts live lineups, photo lineups, or showups shall adopt written policies for using such procedures for the purpose of determining whether a witness identifies someone as the perpetrator of an alleged crime.
(b)
Live lineup, photo lineup, and showup policies shall include the following:
(1)
With respect to a live lineup, having an individual who does not know the identity of the suspect conduct the live procedure;
(2)
With respect to a photo lineup, having an individual:
(A)
Who does not know the identity of the suspect conduct the photo lineup; or
(B)
Who knows the identity of the suspect use a procedure in which photographs are placed in folders, randomly shuffled, and then presented to the witness so that the individual conducting such procedure cannot physically see which photograph is being viewed by the witness until the procedure is complete;
(3)
Providing the witness with instruction that the perpetrator of the alleged crime may or may not be present in the live lineup or photo lineup;
(4)
Composing a live lineup or photo lineup so that the fillers generally resemble the witness's description of the perpetrator of the alleged crime;
(5)
Using a minimum of four fillers in a live lineup and a minimum of five fillers in a photo lineup; and
(6)
Having the individual conducting a live lineup, photo lineup, or showup seek and document, at the time that an identification of an individual or photograph is made, and in the witness's own words without necessarily referencing a numeric or percentage standard, a clear statement from the witness as to the witness's confidence level that the individual or photograph identified is the individual or photograph of the individual who committed the alleged crime.
(c)
All law enforcement agency written policies adopted pursuant to this Code section shall be subject to public disclosure and inspection notwithstanding any provision to the contrary in Article 4 of Chapter 18 of Title 50.
Added by 2015 Ga. Laws 173,§ 4, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 20 - POLICE LINEUPS (§§ 17-20-1 — 17-20-3) › Section 17-20-3 - Effect of failure to comply with requirements of this chapter

The court may consider the failure to comply with the requirements of this chapter with respect to any challenge to an identification; provided, however, that such failure shall not mandate the exclusion of identification evidence.
Added by 2015 Ga. Laws 173,§ 4, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 21 - COLD CASE MURDER REINVESTIGATION (§§ 17-21-1 — 17-21-4) › Section 17-21-1 - Short title

This chapter shall be known and may be cited as the "Coleman-Baker Act."
Added by 2023 Ga. Laws 55,§ 1, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 21 - COLD CASE MURDER REINVESTIGATION (§§ 17-21-1 — 17-21-4) › Section 17-21-2 - Definitions

As used in this chapter, the term:
(1)
"Agency" means a law enforcement agency with the jurisdiction to engage in the detection, investigation, or prosecution of a cold case murder.
(2)
'Cold case' means a homicide:
(A)
That was committed more than three years prior to the date of an application by a designated person ;
(B)
That was previously investigated by an agency; and
(C)
For which all probative leads have been exhausted or
no likely perpetrator has been identified.
(3)
'Designated person' means an immediate family member or their designated legal representative who shall be a member in good standing with the State Bar of Georgia.
(4)
"Immediate family member" means a parent, parent-in-law, grandparent, grandparent-in-law, sibling, spouse, child, or stepchild of a victim or any person who exercised in loco parentis control over a victim under the age of 18 years.
(5)
"Murder" means any criminal offense provided under Code Section
16-5-1
.
(6)
"Probative lead" means evidence which is sufficiently useful to prove an element of the crime, which was not identified or determined as part of the previous investigation by the agency.
(7)
"Victim" means a natural person who died as a result of a cold case murder.
Amended by 2024 Ga. Laws 701,§ 6, eff. 7/1/2024.
Added by 2023 Ga. Laws 55,§ 1, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 21 - COLD CASE MURDER REINVESTIGATION (§§ 17-21-1 — 17-21-4) › Section 17-21-4 - Applicability; nonspecific cause of death on death certificate; insurance payments

(a)
This Code section shall apply in the case of any cold case murder occurring on or after January 1, 1970.
(b)
This chapter shall authorize a coroner or medical examiner to issue a death certificate as provided by Code Section
45-16-24
, with a nonspecific cause of death and manner of homicide if, at the sole discretion of the coroner or medical examiner, the release of such information would not hinder the homicide investigation.
(c)
In a case where the cause of death is listed as nonspecific homicidal means or undetermined and subsequent investigative information is provided sufficient to determine a specific cause of death, the coroner or medical examiner shall have six months from the date of final disposition of the investigation to file an amended death certificate to include the official cause of death.
(d)
Nothing in this Code section shall prevent the probate or administration of the estate of a homicide victim or the distribution of any death benefits to the beneficiaries due to the withholding of the cause of death of a homicide victim.
Added by 2023 Ga. Laws 55,§ 1, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 1 - GENERAL PROVISIONS (§§ 18-2-1 — 18-2-3) › Section 18-2-1 - Creation of relationship of debtor and creditor

Whenever one person, by contract or by law, is liable and bound to pay to another an amount of money, certain or uncertain, the relation of debtor and creditor exists between them.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 1 - GENERAL PROVISIONS (§§ 18-2-1 — 18-2-3) › Section 18-2-2 - Compulsory election of remedy least likely to jeopardize rights of other creditors

As among themselves, creditors shall so prosecute their own rights as not to jeopardize unnecessarily the rights of others; hence, a creditor having a lien on two funds of the debtor, equally accessible to him, will be compelled to pursue the one on which other creditors have no lien.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 1 - GENERAL PROVISIONS (§§ 18-2-1 — 18-2-3) › Section 18-2-3 - Reaching of equitable assets by creditors

Courts of equity jurisdiction shall assist creditors in reaching equitable assets in every case where to refuse interference would jeopardize the collection of their debts.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 2 - ACTS VOID AS AGAINST CREDITORS (§§ 18-2-20 — 18-2-25) › Section 18-2-20 - Rights of creditors to be favored by courts

The rights of creditors shall be favored by the courts; and every remedy and facility shall be afforded them to detect, defeat, and annul any effort to defraud them of their just rights.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 2 - ACTS VOID AS AGAINST CREDITORS (§§ 18-2-20 — 18-2-25) › Section 18-2-21 - Right of creditors to attack judgments, conveyances, or other arrangements interfering with creditors' rights

Creditors may attack as fraudulent a judgment, conveyance, or any other arrangement interfering with their rights, either at law or in equity.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 2 - ACTS VOID AS AGAINST CREDITORS (§§ 18-2-20 — 18-2-25) › Section 18-2-22 - [Repealed] Conveyances by debtors deemed fraudulent

Amended to become reserved by 2002 Ga. Laws 427, § 2, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 2 - ACTS VOID AS AGAINST CREDITORS (§§ 18-2-20 — 18-2-25) › Section 18-2-23 - [Repealed] Validity of conveyance to innocent subsequent purchaser

Amended to become reserved by 2002 Ga. Laws 427, § 2, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 2 - ACTS VOID AS AGAINST CREDITORS (§§ 18-2-20 — 18-2-25) › Section 18-2-24 - Effect of giving debtor permission to exercise control or use of property as security for any debt

Where any property is conveyed, assigned, or mortgaged as security for any debt and permission is given to the debtor to exercise dominion over or to use the property or the proceeds thereof or any part thereof, the giving of such permission shall not cause the conveyance, assignment, or mortgage to be deemed fraudulent or to create a presumption of fraud as to creditors.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 2 - ACTS VOID AS AGAINST CREDITORS (§§ 18-2-20 — 18-2-25) › Section 18-2-25 - Effect of misrepresentation or private agreement giving preference upon settlement between debtor and creditor

If a debtor misrepresents or suppresses any material fact in the statement of his affairs either as to the amount of his property or of his indebtedness, the composition shall be void. If a debtor privately agrees to give a creditor better security or to pay a creditor more than other creditors, the contract with the others shall be void.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 3 - PREFERENCES AND ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 18-2-40 — 18-2-59) › Section 18-2-40 - Right of debtor to prefer creditors

A debtor may prefer one creditor over another; and to that end he may rightfully give a lien by mortgage or other legal means, sell in payment of the debt, or transfer choses in action as collateral security, where the surplus in such cases is not reserved for the debtor's own benefit.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 3 - PREFERENCES AND ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 18-2-40 — 18-2-59) › Section 18-2-41 - Rights of nonmunicipal corporation

Any corporation, not municipal, may make an assignment for the benefit of creditors; but no such corporation shall be allowed in such assignment to prefer any creditor or class of creditors, except creditors who have debts entitled to priority by law.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 3 - PREFERENCES AND ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 18-2-40 — 18-2-59) › Section 18-2-42 - Rights of persons and firms

Persons and firms may make assignments and prefer creditors.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 3 - PREFERENCES AND ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 18-2-40 — 18-2-59) › Section 18-2-43 - Execution, filing, and recording deeds of assignment

In all cases the deed of assignment for the benefit of creditors shall be executed, filed, and recorded as provided for deeds in Code Section
44-2-1
.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 3 - PREFERENCES AND ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 18-2-40 — 18-2-59) › Section 18-2-44 - Property to be conveyed generally; description of property; attachment of list of creditors of assignor

(a)
All assignments referred to in Code Section
18-2-42
shall convey all of the property of every sort which is claimed or owned by the assignor at the time of the execution thereof. Such assignments shall:
(1)
Identify any lands owned or any interest in lands;
(2)
Identify goods, wares, and merchandise by general words of description, indicating the location, kind, and quality thereof, with a statement as accurate as possible, containing the purchase price and selling price of the lot as a whole; and
(3)
Describe in general terms any shares of capital stock, livestock, or personal property which are not connected with any mercantile or manufacturing business.
(b)
The assignor shall attach a list of all creditors with their post office addresses and amounts due to each.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 3 - PREFERENCES AND ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 18-2-40 — 18-2-59) › Section 18-2-45 - Conveyances; statements as to aggregate amounts

Assignments referred to in Code Section
18-2-42
shall convey all books, books of account, choses in action, notes, drafts, bills, judgments, liens, and mortgages held or owned, indicating, as near as may be, the aggregate amount thereof, with a statement as to the total amounts which are considered good, doubtful, or bad.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 3 - PREFERENCES AND ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 18-2-40 — 18-2-59) › Section 18-2-46 - Annexation of affidavit to deed of assignment; contents of affidavit

At the time of signing the deed of assignment provided for in Code Section
18-2-43
, the person or firm making an assignment or the officer acting for the corporation making an assignment shall make an affidavit which shall be annexed to such assignment, and which affidavit shall state that:
(1)
The assignment conveys all property held, claimed, or owned by the assignor at the time of making the assignment;
(2)
All recitals and all estimates of totals and values therein and all list creditors are true to the best of his knowledge and belief;
(3)
The debts set out as due to the preferred creditors are bona fide just, due, and unpaid; and
(4)
The assignment is not made for the purpose of hindering, delaying, or defrauding creditors.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 3 - PREFERENCES AND ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 18-2-40 — 18-2-59) › Section 18-2-47 - List of all property of assignor at time of assignment; affidavits of assignor and assignee as to accuracy of list

Within 15 days after the recording of the assignment provided for in Code Section
18-2-43
, the assignor shall, in connection with the assignee, prepare a full and complete list of all property of every kind, character, and description held, claimed, owned, or possessed by the assignor at the date of making such assignment, to which shall be attached the affidavit of the assignor that the list is true. The assignee shall also attach an affidavit that he has examined the books and other papers of the assignor, that he assisted in the preparation of the list as far as possible, and that to the best of his knowledge, information, and belief the list is correct. If he cannot make such affidavit, he shall state the reason therefor.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 3 - PREFERENCES AND ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 18-2-40 — 18-2-59) › Section 18-2-48 - List to remain on file ten days

The list referred to in Code Section
18-2-47
shall remain on file for ten days in the clerk of the court's office in the county in which the assignment was filed, subject to examination by any interested person.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 3 - PREFERENCES AND ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 18-2-40 — 18-2-59) › Section 18-2-49 - Correcting of mistake in list of assets or creditors

Where an unintentional mistake or omission has been made in the description of the property, in the list of assets, in the method of preparing the list of assets, or in the list of creditors, the same may be amended upon proof thereof to the court.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 3 - PREFERENCES AND ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 18-2-40 — 18-2-59) › Section 18-2-50 - Notification of creditors of filing of assignment; notification of actions attacking assignment; sufficient notice

Within 30 days after filing the assignment, the assignee shall notify each creditor that the same has been filed. Within 30 days after the date the assignee is served with the complaint attacking the assignment, he shall give notice of the filing of the complaint to each creditor named. Depositing a letter in the post office, stamped and properly addressed, shall be sufficient notice under this Code section.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 3 - PREFERENCES AND ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 18-2-40 — 18-2-59) › Section 18-2-51 - Foreign assignments to conform with Georgia law

No property in this state shall pass under any assignment made by corporations, persons, or firms out of this state unless such foreign assignment shall conform to the law of assignments in this state.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 3 - PREFERENCES AND ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 18-2-40 — 18-2-59) › Section 18-2-52 - Providing and filing of bond by assignee; amount of bond

Upon the request of any three of the creditors of the assignor, the assignee shall make and file a bond with surety, in a sum to be fixed by the judge of the superior court, conditioned for the faithful performance of his trust, which bond shall be made payable to the judge of the probate court of the county and his successors in office, for the benefit of all creditors of the assignor. In no case shall the bond be less than the estimated value of the property assigned.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 3 - PREFERENCES AND ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 18-2-40 — 18-2-59) › Section 18-2-53 - Duties of assignee generally; payment of preferred debts after filing

The assignee shall proceed to carry out the duties imposed upon him by the assignment, but he shall not pay any preferred debt until after 60 days from the filing of the assignment in the clerk of the court's office in the county in which the assignment was filed.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 3 - PREFERENCES AND ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 18-2-40 — 18-2-59) › Section 18-2-54 - Powers and rights of assignee

The assignee shall succeed to all rights of the assignor but may attack and set aside any fraudulent conveyances or recover property conveyed by the assignor for the purpose of hindering, delaying, or defrauding creditors.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 3 - PREFERENCES AND ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 18-2-40 — 18-2-59) › Section 18-2-55 - Nature of actions to set aside assignments generally; priorities and payment to creditors on judgments rendered after filing of complaint to set aside assignment

No assignment shall be set aside except in a direct action filed for that purpose; and no creditor shall obtain any priority or preference of payment out of the assets assigned on any judgment rendered after the filing of a complaint to set aside the assignment if the assignment is set aside and decreed to be void.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 3 - PREFERENCES AND ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 18-2-40 — 18-2-59) › Section 18-2-56 - Parties to actions to set aside assignments

In all actions to set aside assignments, the assignee and assignor shall be indispensable parties; and any preferred or unpreferred creditor may be made a party plaintiff or defendant at any time in term or vacation.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 3 - PREFERENCES AND ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 18-2-40 — 18-2-59) › Section 18-2-57 - Proof required in rendering an assignment void

When the assignment is attacked as fraudulent or void for any reason, it shall not be necessary to show fraud or collusion or notice thereof in the assignee in order to render the assignment void.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 3 - PREFERENCES AND ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 18-2-40 — 18-2-59) › Section 18-2-58 - Judgment not required before action against assignor or assignee

No creditor shall be required to reduce his debt to judgment before asking equitable relief in any action against the assignor or assignee, or both.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 3 - PREFERENCES AND ASSIGNMENTS FOR BENEFIT OF CREDITORS (§§ 18-2-40 — 18-2-59) › Section 18-2-59 - Appointment of new assignees upon death or removal from jurisdiction of courts of state of sole or surviving assignee

In all cases of assignments for the benefit of creditors, where the sole or surviving assignee has died or moved beyond the jurisdiction of the courts of the state, the superior courts of this state shall have full power and authority, upon the petition of two or more of the parties interested in such assignment and on such notice as the court shall direct, in a summary manner, to appoint a new assignee or assignees in the place of the deceased or nonresident assignee; and the new assignee shall have all the authority and responsibilities of the deceased or nonresident assignee; and all laws or enactments shall be as applicable and in as full force in respect to the new as to the old assignee; and the court may in its discretion require a bond and security of such assignee.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 4 - UNIFORM VOIDABLE TRANSACTIONS ACT (§§ 18-2-70 — 18-2-85) › Section 18-2-70 - Short title

This article, which was formerly known and cited as the "Uniform Fraudulent Transfers Act," shall be known and may be cited as the "Uniform Voidable Transactions Act."
Amended by 2015 Ga. Laws 167,§ 4A-1, eff. 7/1/2015.
Added by 2002 Ga. Laws 427, § 3, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 4 - UNIFORM VOIDABLE TRANSACTIONS ACT (§§ 18-2-70 — 18-2-85) › Section 18-2-72 - Determining insolvency

(a)
A debtor is insolvent if, at a fair valuation, the sum of the debtor's debts is greater than the sum of the debtor's assets.
(b)
A debtor who is generally not paying his or her debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. The presumption imposes on the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence.
(c)
Assets under this Code section do not include property that has been transferred, concealed, or removed with intent to hinder, delay, or defraud creditors or that has been transferred in a manner making the transfer voidable under this article.
(d)
Debts under this Code section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.
Amended by 2015 Ga. Laws 167,§ 4A-1, eff. 7/1/2015.
Added by 2002 Ga. Laws 427, § 3, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 4 - UNIFORM VOIDABLE TRANSACTIONS ACT (§§ 18-2-70 — 18-2-85) › Section 18-2-73 - Value given for transfer

(a)
Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person.
(b)
For the purposes of paragraph (2) of subsection (a) of Code Section
18-2-74
and Code Section
18-2-75
, a person gives a reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or execution of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust, or security agreement.
(c)
A transfer is made for present value if the exchange between the debtor and the transferee is intended by them to be contemporaneous and is in fact substantially contemporaneous.
Added by 2002 Ga. Laws 427, § 3, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 4 - UNIFORM VOIDABLE TRANSACTIONS ACT (§§ 18-2-70 — 18-2-85) › Section 18-2-74 - Voidable transfer; determination of actual intent

(a)
A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:
(1)
With actual intent to hinder, delay, or defraud any creditor of the debtor; or
(2)
Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
(A)
Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or
(B)
Intended to incur, or believed or reasonably should have believed that he or she would incur, debts beyond his or her ability to pay as they became due.
(b)
In determining actual intent under paragraph (1) of subsection (a) of this Code section, consideration may be given, among other factors, to whether:
(1)
The transfer or obligation was to an insider;
(2)
The debtor retained possession or control of the property transferred after the transfer;
(3)
The transfer or obligation was disclosed or concealed;
(4)
Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
(5)
The transfer was of substantially all the debtor's assets;
(6)
The debtor absconded;
(7)
The debtor removed or concealed assets;
(8)
The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;
(9)
The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
(10)
The transfer occurred shortly before or shortly after a substantial debt was incurred; and
(11)
The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.
(c)
If a creditor is a successor or assignee, a right of action under subsection (a) of this Code section is automatically assigned to such successor or assignee.
(d)
A creditor making a claim for relief under subsection (a) of this Code section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
Amended by 2015 Ga. Laws 167,§ 4A-1, eff. 7/1/2015.
Added by 2002 Ga. Laws 427, § 3, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 18 - DEBTOR AND CREDITOR (§§ 18-1-1 — 18-5-5) › Chapter 2 - DEBTOR AND CREDITOR RELATIONS (§§ 18-2-1 — 18-2-85) › Article 4 - UNIFORM VOIDABLE TRANSACTIONS ACT (§§ 18-2-70 — 18-2-85) › Section 18-2-75 - Transfer or obligation voidable if incurred without receiving reasonably equivalent value

(a)
A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.
(b)
A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.
(c)
If a creditor is a successor or assignee, a right of action under subsection (a) or (b) of this Code section is automatically assigned to such successor or assignee.
(d)
Subject to subsection (b) of Code Section
18-2-72
, a creditor making a claim for relief under subsection (a) or (b) of this Code section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
Amended by 2015 Ga. Laws 167,§ 4A-1, eff. 7/1/2015.
Added by 2002 Ga. Laws 427, § 3, eff. 7/1/2002.