reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 7 - FORECLOSURE (§§ 44-14-160 — 44-14-303) › Part 4 - FORECLOSURES ON PERSONALTY (§§ 44-14-230 — 44-14-303) › Subpart 4 - FORECLOSURES IN MAGISTRATE'S COURT (§§ 44-14-300 — 44-14-303) › Section 44-14-303 - Defenses by mortgagor; hearing in magistrate's court

The mortgagor may avail himself of any defense he may have to the foreclosure in the same manner and upon the same conditions as allowed by law in case of foreclosure of chattel mortgages in the superior courts. Whenever any such defense is filed by the mortgagor, the magistrate issuing the execution shall have the power and jurisdiction to hear and determine the issues made thereon as in other cases at law.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 1 - IN GENERAL (§§ 44-14-320 — 44-14-326) › Section 44-14-321 - Lien of judgment on debt given for purchase money; priority

The judgment upon any evidence of debt given for the purchase money of land, where titles have not been made but bond for titles has been given, shall be a lien upon the land and the proceeds of the sale thereof and shall be prior to all other judgments, claims, liens, and encumbrances until the judgment shall be fully paid and satisfied.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 1 - IN GENERAL (§§ 44-14-320 — 44-14-326) › Section 44-14-322 - Vendor's equitable lien abolished

The vendor's equitable lien for the purchase money of lands is abolished.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 1 - IN GENERAL (§§ 44-14-320 — 44-14-326) › Section 44-14-323 - Rank of liens according to date

All liens which are not regulated and fixed as to rank by this title shall rank according to date, the oldest having priority.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 1 - IN GENERAL (§§ 44-14-320 — 44-14-326) › Section 44-14-324 - Assignment of liens; rights of assignee

Except as otherwise provided by law, assignments of all liens shall be in writing. Under an assignment, the assignee shall have all the rights of the assignor as provided by law.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 1 - IN GENERAL (§§ 44-14-320 — 44-14-326) › Section 44-14-325 - Transfers and assignments of evidences of indebtedness secured by lien; how made

All transfers and assignments of rent notes, mortgage notes, and other such evidences of indebtedness which are secured either by contract lien or out of which a lien springs by operation of law shall be sufficiently technical and valid where the transfer or assignment plainly seeks to pass the title to any of the papers in writing from one person to another.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 1 - IN GENERAL (§§ 44-14-320 — 44-14-326) › Section 44-14-326 - Transfers and assignments of evidences of indebtedness secured by lien; effect as transfer of lien

Upon all such transfers or assignments of any rent note, mortgage note, or other evidence of indebtedness mentioned in Code Section
44-14-325
, the transfer or assignment shall carry, together with the title thereof, the lien connected with the same without naming or specifically transferring the lien so that the effect of the transfer or assignment will be to carry the lien completely and fully as a necessary incident of the transfer.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 2 - LANDLORDS (§§ 44-14-340 — 44-14-349) › Section 44-14-340 - Lien for farming supplies, equipment and other items furnished tenant; operation of law or special contract; enforcement; duty to inform; priorities

Landlords furnishing supplies, money, horses, mules, asses, oxen, farming utensils, and equipment necessary to make crops shall have the right to secure themselves from the crops raised during the year in which such things are furnished upon such terms as may be agreed upon by the parties but with the following conditions:
(1)
The liens provided for in this Code section shall arise by operation of law from the relationship of landlord and tenant as well as by a special contract in writing whenever the landlord shall furnish the articles enumerated in this Code section or any of them to the tenant for the purposes named. The liens may be enforced in the manner provided in Code Section
44-14-550
;
(2)
Whenever the liens are created by a special contract in writing, they shall be assignable by the landlord and may be enforced by the assignees in the manner provided for the enforcement of such liens by landlords;
(3)
The liens shall only exist as liens on the crops raised during the year in which they are made and may be foreclosed before the debt is due if the tenant is removing or seeking to remove his crops from the premises or when other legal process, not in favor of the landlord nor controlled by him nor levied at his instance or procurement, is being enforced against the crops;
(4)
Every person giving a lien under this Code section who has previously given a lien or liens under it or any other lien shall, when giving a new lien under this Code section on the same property to another person, inform such person, if asked, as to the facts of the amount of such lien or liens and to whom given; and
(5)
The liens created under this Code section are declared to be superior in rank to other liens and shall, as between themselves and other liens not excepted by this paragraph, rank according to date; but they shall be inferior to liens for taxes, the general and special liens of laborers, and the special liens of landlords for rent.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 2 - LANDLORDS (§§ 44-14-340 — 44-14-349) › Section 44-14-341 - Special lien on tenant's crops; priorities; general lien on tenant's property

Landlords shall have a special lien for rent on crops grown on land rented from them, which lien shall be superior to all other liens except liens for taxes, and shall also have a general lien on the property of the debtor which is subject to levy and sale, which general lien shall date from the time of the levy of a distress warrant to enforce the general lien.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 2 - LANDLORDS (§§ 44-14-340 — 44-14-349) › Section 44-14-342 - Priority and date of general liens; date of special liens for rent; enforcement of liens

The general liens of landlords shall be inferior to liens for taxes and to the general and special liens of laborers but shall rank with other liens and with each other according to date, the date being from the time of levying a distress warrant. The special liens of landlords for rent shall date from the maturity of the crops on the lands rented unless otherwise agreed on but shall not be enforced by distress warrant until the rent is due, unless the tenant is removing his property, or when other legal process is being enforced against the crops, in which case the landlord may enforce the general and special liens.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 2 - LANDLORDS (§§ 44-14-340 — 44-14-349) › Section 44-14-343 - Enforcement of special lien for rent by distress warrant

A landlord's special lien for rent shall be enforced by a distress warrant in the same manner as general liens for rent are enforced; and no further allegations in the affidavit to procure a distress warrant to enforce a special lien for rent shall be necessary than are necessary to enforce the landlord's general lien for rent.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 2 - LANDLORDS (§§ 44-14-340 — 44-14-349) › Section 44-14-344 - Special lien for rent in favor of transferee of rent contract; when lien arises

Whenever any written contract for rent is transferred by the landlord by written assignment before the maturity of the crops on the lands rented, the special lien in favor of the landlord shall, on the maturity of the crops, arise in favor of the transferee of such rent contract in the same manner as it would have done in favor of the landlord had no transfer been made.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 2 - LANDLORDS (§§ 44-14-340 — 44-14-349) › Section 44-14-345 - Special lien for rent in favor of transferee of rent contract; foreclosure by transferee

The special lien provided for in Code Section
44-14-344
may be foreclosed by the transferee in his own name. The affidavit of foreclosure shall contain a recital of the fact of transfer and such other allegations as are necessary in the foreclosure of special liens by landlords.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 2 - LANDLORDS (§§ 44-14-340 — 44-14-349) › Section 44-14-346 - Giving false information as to liens; penalty

A person who has given a lien under Code Section
44-14-340
or any other lien shall, when giving a new lien under the Code section on the same property to another person, inform such person, if questioned as to the facts, of the amount of such prior lien and to whom it was given. Any person who gives false information as to such facts shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 2 - LANDLORDS (§§ 44-14-340 — 44-14-349) › Section 44-14-347 - Unlawful purchase of corn or cotton from tenant or laborer after notice of disability to sell; penalty

Any person who buys any corn or any cotton in the seed from tenants or laborers residing on the land of another as such or from the agent of such tenant or laborer when such tenant or laborer had no right to sell such corn or cotton and after notice of such disability to sell has been given in writing by the landlord or employer to such buyer shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 2 - LANDLORDS (§§ 44-14-340 — 44-14-349) › Section 44-14-348 - Unlawful sale of farm products on which lien exists; penalty

Any person who sells or otherwise disposes of crops upon which there is a lien for rent and advances, before the payment of the rent and advances, without the consent of and with intent to defraud the lienor or assignee of the lien, where loss is thereby sustained by the lienor or assignee of the lien, shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 3 - MECHANICS AND MATERIALMEN (§§ 44-14-360 — 44-14-369) › Section 44-14-360 - Definitions

As used in this part, the term:
(.1)
"Business day" means any day that is not a Saturday, Sunday, or legal holiday.
(1)
"Contractor" means a contractor having privity of contract with the owner of the real estate.
(2)
"Land surveyor" shall have the same meaning as provided in Code Section
43-15-2
.
(2.1)
"Lien action" means a lawsuit, proof of claim in a bankruptcy case, or a binding arbitration.
(3)
"Materials," in addition to including those items for which liens are already permitted under this part, means tools, appliances, machinery, or equipment used in making improvements to the real estate, to the extent of the reasonable value or the contracted rental price, whichever is greater, of such tools, appliances, machinery, or equipment.
(4)
"Materialmen" means all persons furnishing the materials, tools, appliances, machinery, or equipment included in the definition of materials in paragraph (3) of this Code section.
(5)
"Professional engineer" shall have the same meaning as provided in Code Section
43-15-2
.
(6)
"Registered forester" shall have the same meaning as provided in Code Section
12-6-41
.
(7)
"Registered interior designer" shall have the same meaning as provided in Code Section
43-4-1
.
(8)
"Registered land surveyors" and "registered professional engineers" means land surveyors or professional engineers who are registered as land surveyors or professional engineers under Chapter 15 of Title 43 at the time of performing, rendering, or furnishing services protected under this part.
(9)
"Residential property" means single-family and two-family, three-family, and four-family residential real estate.
(10)
"Subcontractor" means, but is not limited to, subcontractors having privity of contract with the contractor.
Amended by 2021 Ga. Laws 277,§ 2, eff. 5/10/2021.
Amended by 2008 Ga. Laws 766,§ 1, eff. 3/31/2009.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 3 - MECHANICS AND MATERIALMEN (§§ 44-14-360 — 44-14-369) › Section 44-14-361.2 - Dissolution of lien

(a)
The special lien specified in subsection (a) of Code Section
44-14-361
shall be dissolved if the owner, purchaser from owner, or lender providing construction or purchase money or any other loan secured by real estate shows that:
(1)
The lien has been waived in writing by lien claimant; or
(2)
(A)
They or any of them have obtained the sworn written statement of the contractor or person other than the owner at whose instance the labor, services, or materials were furnished, or the owner when conveying title in a bona fide sale or loan transaction, that the agreed price or reasonable value of the labor, services, or materials has been paid or waived in writing by the lien claimant; and
(B)
When the sworn written statement was obtained or given as a part of a transaction:
(i)
Involving a conveyance of title in a bona fide sale;
(ii)
Involving a loan in which the real estate is to secure repayment of the loan; or
(iii)
Where final disbursement of the contract price is made by the owner to the contractor
there was not of record, at the time of the settlement of the transaction a valid preliminary notice or claim of lien which had not been previously canceled, dissolved, or expired.
(b)
As used in paragraph (2) of subsection (a) of this Code section, the term:
(1)
"Person other than the owner" shall not include a subcontractor.
(2)
"Final disbursement" of the contract price means payment of the agreed price between the owner and contractor for the improvements made upon the real estate or the reasonable value of the labor, services, and materials incorporated in the improvements upon the real estate and shall include payment of the balance of the contract price to an escrow agent.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 3 - MECHANICS AND MATERIALMEN (§§ 44-14-360 — 44-14-369) › Section 44-14-361.3 - Preliminary notice of lien; form; notice to contractor; filing; necessity of preliminary notice

(a)
Prior to filing a claim of lien, a person having a lien under paragraphs (1) through (8) and (10) of subsection (a) of Code Section
44-14-361
may at such person's option file a preliminary notice of lien rights. The preliminary notice of lien rights in order to be effective shall:
(1)
Be filed with the clerk of superior court of the county in which the real estate is located within 30 days after the date a party delivered any materials or provided any labor or services for which a lien may be claimed;
(2)
State the name, address, and telephone number of the potential lien claimant;
(3)
State the name and address of the contractor or other person at whose instance the labor, services, or materials were furnished;
(4)
State the name of the owner of the real estate and include a description sufficient to identify the real estate against which the lien is or may be claimed; and
(5)
Include a general description of the labor, services, or materials furnished or to be furnished.
(b)
A party filing a preliminary notice of lien rights except a contractor shall, within seven days of filing the notice, send by registered or certified mail or statutory overnight delivery a copy of the notice to the contractor on the property named in the notice or to the owner of the property. The lien claimant may rely on the building permit issued on the property for the name of the contractor.
(c)
The clerk of each superior court shall maintain within the records of that office a record separate from all other real estate records in which preliminary notices specified in subsection (a) of this Code section and affidavits specified in subsection (c) of Code Section
44-14-361.4
shall be filed. Each such notice and affidavit shall be indexed under the name of the owner as contained in the preliminary notice. The clerk shall collect a filing fee of $5.00 for the filing of each preliminary notice.
(d)
A person having a lien under paragraphs (1) through (8) and (10) of subsection (a) of Code Section
44-14-361
may enforce the lien without filing a preliminary notice of lien.
Amended by 2021 Ga. Laws 277,§ 5, eff. 5/10/2021.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 3 - MECHANICS AND MATERIALMEN (§§ 44-14-360 — 44-14-369) › Section 44-14-361.4 - Cancellation or expiration of preliminary notice; demand for filing of claim of lien

(a)
A preliminary notice of lien rights filed pursuant to Code Section
44-14-361.3
shall be dissolved if it is canceled and a preliminary notice also expires and is dissolved under any of the following conditions:
(1)
The lien has been waived in writing by the lien claimant;
(2)
The time has expired for filing the claim of lien as required in Code Section
44-14-361.1
;
(3)
On residential property, a demand for filing of a claim of lien has been sent by registered or certified mail or statutory overnight delivery to the potential lien claimant at the address specified in the preliminary notice of lien rights and at least ten days have elapsed since the date of such mailing without the filing of a claim of lien; or
(4)
On all property except residential property, a demand for filing of a claim of lien has been sent by registered or certified mail or statutory overnight delivery to the potential lien claimant at the address specified in the preliminary notice of lien rights and at least ten days have elapsed since the date of such mailing without the filing of a claim of lien; provided, however, the demand for filing of a claim of lien shall not be sent until the contractor's contract is substantially complete or until the potential lien claimant's contract has been terminated or the potential lien claimant has abandoned the contract.
(b)
A demand for filing of claim of lien shall contain the same information required to be contained in the preliminary notice of lien rights and shall contain the following statement addressed to the potential lien claimant:
"This demand was mailed to you on __________________ pursuant to Code Section
44-14-361.4
. You are notified that unless you file a claim of lien with respect to this claim on or before the tenth day after said date of mailing your right to claim a lien will be dissolved."
(c)
If a demand for filing of a claim of lien is mailed as provided in this Code section and no claim of lien is filed within ten days after said date of mailing, the preliminary notice of lien rights may be canceled as provided in this subsection. In order to obtain cancellation, the person who mailed the demand or his attorney shall file with the clerk of superior court a copy of the demand and his or her affidavit that the demand was mailed as provided in paragraph (3) or (4) of subsection (a) of this Code section and that ten days have elapsed since said date of mailing without the filing of a claim of lien by the potential lien claimant. Upon such filing, the clerk of superior court shall cancel of record the preliminary notice of lien rights.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 3 - MECHANICS AND MATERIALMEN (§§ 44-14-360 — 44-14-369) › Section 44-14-362 - Cancellation of preliminary notice upon final payment; form of cancellation

(a)
Upon final payment after all labor, services, or materials have been furnished, a person who has filed a preliminary notice of lien rights shall either deliver a cancellation of the preliminary notice of lien rights at the time of final payment or cause the notice to be canceled of record within ten days after final payment. Any person who fails to so cancel a preliminary notice shall be liable to the owner for all actual damages, costs, and reasonable attorney's fees incurred by the owner in having the preliminary notice canceled.
(b)
The cancellation required under this Code section shall be in the following form:
"Clerk, Superior Court
of __________________ County
You are authorized and directed to cancel of record the preliminary notice of lien rights which we filed on the property owned by (state name of owner) on (give date) and recorded by you in Book __________________, Page __________________, of preliminary notices kept by you.
This __________________ day of __________________, __________________.
__________________Lien claimantor attorney"
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 3 - MECHANICS AND MATERIALMEN (§§ 44-14-360 — 44-14-369) › Section 44-14-365 - Rights as to liens of partnerships, corporations, and associations made up of or employing registered architects, foresters, land surveyors, professional engineers, or interior designers

If services are performed or furnished with respect to any real estate by any registered architect, registered forester, registered land surveyor, registered professional engineer, or registered interior designer who is a member of a partnership or who is an agent or employee of a corporation or an association and the contract for the services is made for or on behalf of the owner with the partnership or corporation or association, the partnership, corporation, or association shall be entitled to all the privileges and benefits of Code Sections
44-14-361
and
44-14-362
, just as if the partnership, corporation, or association was a registered architect, a registered forester, a registered land surveyor, a registered professional engineer, or a registered interior designer.
Amended by 2021 Ga. Laws 277,§ 6, eff. 5/10/2021.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 3 - MECHANICS AND MATERIALMEN (§§ 44-14-360 — 44-14-369) › Section 44-14-367 - Notice; required statement

Failure of a lien claimant to commence a lien action to collect the amount of his or her claim within 365 days from the date of filing the lien, or failure of the lien claimant to file the statutory notice of commencement of lien action in the county where the property is located, renders the claim of lien unenforceable. A claim of lien may be disregarded if no notice of commencement of lien action was filed within 395 days from the date the claim of lien was filed. Any lien filed after March 31, 2009, shall include on the face of the lien the following statement in at least 12 point bold font: "This claim of lien expires and is void 395 days from the date of filing of the claim of lien if no notice of commencement of lien action is filed in that time period." Failure to include such language shall invalidate the lien and prevent it from being filed. No release or voiding of such liens shall be required. A lien shall expire sooner and be disregarded once it is determined that no notice of commencement was timely filed in response to a notice of contest pursuant to Code Section
44-14-368
.
Amended by 2008 Ga. Laws 766,§ 6, eff. 3/31/2009.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 3 - MECHANICS AND MATERIALMEN (§§ 44-14-360 — 44-14-369) › Section 44-14-368 - Notice of contest of lien

(a)
An owner or an owner's agent or attorney, or the contractor or contractor's agent or attorney, may elect to shorten the time prescribed in which to commence a lien action to enforce any claim of lien by recording in the superior court clerk's office a notice in substantially the following form, in boldface capital letters in at least 12 point font, along with proof of delivery upon the lien claimant:
"
NOTICE OF CONTEST OF LIEN
TO: [NAME AND ADDRESS OF LIEN CLAIMANT]
YOU ARE NOTIFIED THAT THE UNDERSIGNED CONTESTS THE CLAIM OF LIEN FILED BY YOU ON __________________ 20 __________________, AND RECORDED IN __________________ BOOK __________________, PAGE __________________ OF THE PUBLIC RECORDS OF __________________ COUNTY, GEORGIA, AGAINST PROPERTY OWNED BY __________________, AND THAT THE TIME WITHIN WHICH YOU MAY COMMENCE A LIEN ACTION TO ENFORCE YOUR LIEN IS LIMITED TO 60 DAYS FROM RECEIPT OF THIS NOTICE.
THIS __________________ DAY OF __________________, 20__________________.
THIS ABOVE-REFERENCED LIEN WILL EXPIRE AND BE VOID IF YOU DO NOT: (1) COMMENCE A LIEN ACTION FOR RECOVERY OF THE AMOUNT OF THE LIEN CLAIM PURSUANT TO O.C.G.A. SECTION
44-14-361.1
WITHIN 60 DAYS FROM RECEIPT OF THIS NOTICE; AND (2) FILE A NOTICE OF COMMENCEMENT OF LIEN ACTION WITHIN 30 DAYS OF FILING THE ABOVE-REFERENCED LIEN ACTION.
SIGNED: __________________
(OWNER, CONTRACTOR, AGENT OR ATTORNEY)"
(b)
The clerk of the superior court shall cross-reference the notice of contest of lien to the lien. The owner or his or her agent or attorney, or the contractor or his or her agent or attorney, shall send a copy of the notice of contest of lien within seven days of filing by registered or certified mail or statutory overnight delivery to the lien claimant at the address noted on the face of the lien. Service shall be deemed complete upon mailing.
(c)
The lien shall be extinguished by law 90 days after the filing of the notice of contest of lien if no notice of commencement of lien action is filed in that time period. No release or voiding of such liens shall be required. This subsection shall not be construed to extend the time in which a lien action must begin.
Added by 2008 Ga. Laws 766,§ 7, eff. 3/31/2009.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 3 - MECHANICS AND MATERIALMEN (§§ 44-14-360 — 44-14-369) › Section 44-14-369 - Computation of certain time periods

For the purposes of this part, the computation of time shall be determined pursuant to paragraph (3) of subsection (d) of Code Section
1-3-1
.
Added by 2008 Ga. Laws 766,§ 7, eff. 3/31/2009.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 4 - LABORERS (§§ 44-14-380 — 44-14-382) › Section 44-14-380 - General lien; priorities

Laborers shall have a general lien upon the property of their employers which is liable to levy and sale for their labor, which lien is superior to all other liens except liens for taxes, the special liens of landlords on yearly crops, and such other liens as are declared by law to be superior to them.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 4 - LABORERS (§§ 44-14-380 — 44-14-382) › Section 44-14-381 - Special lien; priorities

Laborers shall also have a special lien on the products of their labor, which lien shall be superior to all other liens except liens for taxes and special liens of landlords on yearly crops.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 4 - LABORERS (§§ 44-14-380 — 44-14-382) › Section 44-14-382 - When laborers' liens arise; priority of conflicting liens

Liens of laborers shall arise upon the completion of the contract of labor but shall not exist against bona fide purchasers without notice until they have been reduced to execution and levied on by an officer. Laborers' liens which conflict with each other shall rank according to date, each dating from the completion of the contract of labor.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 5 - PAWNBROKERS, FACTORS, BAILEES, ACCEPTORS, AND DEPOSITORIES (§§ 44-14-400 — 44-14-412) › Section 44-14-400 - Liens of pawnbrokers, factors, bailees, and acceptors; priorities

Pawnbrokers, factors, bailees, and acceptors shall have such liens as are designated in this part and in Part 5 of Article 3 of Chapter 12 of this title. Such liens shall be inferior to liens for taxes, liens of which such persons had actual notice before becoming creditors, special liens for rent, liens of laborers, liens or mortgages duly recorded, judgment liens, and other general liens reduced to execution and levied on.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 5 - PAWNBROKERS, FACTORS, BAILEES, ACCEPTORS, AND DEPOSITORIES (§§ 44-14-400 — 44-14-412) › Section 44-14-401 - Depositories' liens; loss of liens under this Code section and Code Section 44-14-400; priorities

Depositories shall have such liens as are prescribed in this part and in Part 5 of Article 3 of Chapter 12 of this title and shall, as to other liens, occupy the same position as mechanics. The liens mentioned in this Code section and in Code Section
44-14-400
shall be lost by a surrender to the debtor of the property on which the lien is claimed, and they shall rank according to date with each other and with other liens not specified in this Code section and in Code Section
44-14-400
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 5 - PAWNBROKERS, FACTORS, BAILEES, ACCEPTORS, AND DEPOSITORIES (§§ 44-14-400 — 44-14-412) › Section 44-14-402 - Liens of depositories for hire

Depositories for hire shall have a lien for their hire and may retain possession until it is paid.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 5 - PAWNBROKERS, FACTORS, BAILEES, ACCEPTORS, AND DEPOSITORIES (§§ 44-14-400 — 44-14-412) › Section 44-14-403 - Lien of pawnbroker; action for interference; grace period on pawn transactions; extension or continuation of maturity date; redemption of goods after maturity date

(a)
A pawnbroker shall have a lien on the pledged goods pawned for the money advanced, interest, and pawnshop charge owed but not for other debts due to him. He may retain possession of the pledged goods until his lien is satisfied and may have a right of action against anyone interfering therewith.
(b)
(1)
There shall be a grace period on all pawn transactions. On pawn transactions involving motor vehicles or motor vehicle certificates of title, the grace period shall be 30 calendar days; on all other pawn transactions the grace period shall be ten calendar days. In the event that the last day of the grace period falls on a day in which the pawnbroker is not open for business, the grace period shall be extended through the first day following upon which the pawnbroker is open for business. The pawnbroker shall not sell the pledged goods during the grace period.
(2)
By agreement of the parties, the maturity date of the pawn transaction may be extended or continued for 30 day periods, provided that the interest rates and charges as specified in Code Section
44-12-131
are not exceeded. The grace period shall begin running on the first day following the maturity date of the pawn transaction or on the first day following the expiration of any extension or continuation of the pawn transaction, whichever occurs later. All extensions or continuations of the pawn transaction shall be evidenced in writing.
(3)
Pledged goods may be redeemed by the pledgor or seller within the grace period by the payment of any unpaid accrued fees and charges, the repayment of the principal, and the payment of an additional interest charge not to exceed 12.5 percent of the principal. Pledged goods not redeemed within the grace period shall be automatically forfeited to the pawnbroker by operation of this Code section, and any ownership interest of the pledgor or seller shall automatically be extinguished as regards the pledged item.
(4)
Any attempt to circumvent the interest rates and charges as specified in Code Section
44-12-131
shall be null and void. A pawn transaction shall be considered to have been extended or continued unless:
(A)
All charges, fees, and the principal have actually been paid or repaid on the previous pawn transaction;
(B)
The pledged goods in the previous transaction, including but not limited to a motor vehicle certificate of title, have actually been restored to the possession of the pledgor or seller; and
(C)
The pledged goods in the previous transaction have been removed from the business premises of the pawnbroker and, in the case of a motor vehicle certificate of title, any lien on the motor vehicle certificate of title has been removed or released.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 5 - PAWNBROKERS, FACTORS, BAILEES, ACCEPTORS, AND DEPOSITORIES (§§ 44-14-400 — 44-14-412) › Section 44-14-404 - Factor's lien; extent; attachment to proceeds

A factor's lien extends to all balances on general account and attaches to the proceeds of the sale of goods consigned as well as to the goods themselves.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 5 - PAWNBROKERS, FACTORS, BAILEES, ACCEPTORS, AND DEPOSITORIES (§§ 44-14-400 — 44-14-412) › Section 44-14-405 - Satisfaction of factors' and acceptors' liens

Liens of factors and acceptors shall be satisfied by such sale as the usage of the locality where the factors and acceptors reside has established or may establish.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 5 - PAWNBROKERS, FACTORS, BAILEES, ACCEPTORS, AND DEPOSITORIES (§§ 44-14-400 — 44-14-412) › Section 44-14-406 - Livery stable keepers; lien by retaining possession; priorities

Livery stable keepers shall have a lien for their charges on the stock placed in their care for keeping, which lien shall be superior to other liens except liens for taxes, special liens of landlords for rent, liens of laborers, and all general liens of which they had actual notice before the property claimed to be subject to lien came into their control.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 5 - PAWNBROKERS, FACTORS, BAILEES, ACCEPTORS, AND DEPOSITORIES (§§ 44-14-400 — 44-14-412) › Section 44-14-407 - Procedure for livery stable keepers acquiring lien; recording; enforcement

(a)
In addition to the method provided in Code Section
44-14-406
, every livery stable keeper may assert the lien on stock placed in his care for keeping by writing a statement of the amount due him for the care of the stock and a description of the stock on which the lien is claimed, by making affidavit thereto, and by recording the writing and affidavit in the office of the clerk of the superior court of the county where the service was rendered.
(b)
When the lien provided for in subsection (a) of this Code section is so recorded, it shall have the same dignity and effect as is given by law to the lien of livery stable keepers where they retain possession of the stock placed in their keeping. The lien shall be recorded while the property is in the possession of the livery stable keeper, as mortgages on personalty are required to be recorded; and such liens may be foreclosed as mortgages on personalty are foreclosed.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 5 - PAWNBROKERS, FACTORS, BAILEES, ACCEPTORS, AND DEPOSITORIES (§§ 44-14-400 — 44-14-412) › Section 44-14-408 - Satisfaction of liens of pawnbrokers and livery stable keepers

Liens of pawnbrokers and livery stable keepers shall be satisfied according to Code Sections
44-14-403
and
44-14-550
, respectively.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 5 - PAWNBROKERS, FACTORS, BAILEES, ACCEPTORS, AND DEPOSITORIES (§§ 44-14-400 — 44-14-412) › Section 44-14-409 - Special lien of bailee for hire of labor and service; effect of delivery of a part

The bailee for hire of labor and service shall have a special lien for his labor and services upon the thing bailed until he parts with possession; and, if he delivers up a part of the thing bailed, the lien shall attach to the remainder in his possession for the entire claim under the same contract.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 5 - PAWNBROKERS, FACTORS, BAILEES, ACCEPTORS, AND DEPOSITORIES (§§ 44-14-400 — 44-14-412) › Section 44-14-410 - Depositories of involuntary, gratuitous, or naked deposits; lien; authorization to open containers; notice to owner

Except as provided in Code Section
44-14-411.1
, involuntary, gratuitous, or naked depositories shall have a lien on the property in their possession for any expense incurred in caring for the property and any expenses incurred in the effort to locate the owner thereof. Where the property consists of closed trunks, suitcases, bags, boxes, bundles, packages, or other containers which do not on the outside contain marks from which the owner can be ascertained, such depositories are authorized, but are not required, to open such containers for the purpose of ascertaining, if possible, the name and address of the owner. Where the owner and his address are known, the depository is authorized, but is not required, to address a notice by registered or certified mail or statutory overnight delivery to the owner notifying him that the depository holds the property and that the property will be delivered to the owner upon reasonable identification and payment of any charges that have accrued in caring for the property and in giving such notice.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 5 - PAWNBROKERS, FACTORS, BAILEES, ACCEPTORS, AND DEPOSITORIES (§§ 44-14-400 — 44-14-412) › Section 44-14-411 - Sale by depositories of property at public auction; notice

Except as provided in Code Section
44-14-411.1
, any property in the possession of an involuntary, gratuitous, or naked depository, which property remains unclaimed or unidentified or the reasonable expense incurred in connection with which remains unpaid for the period of two months from the time the property came into the possession of the depository, may be sold at public auction to the highest bidder at such time and place as may be designated by the depository; provided, however, that the depositories shall publish a notice containing a general description of the property and the time and place of sale once a week for two successive weeks prior to the date of the sale in a newspaper of general circulation in the place of the sale or the nearest place thereto.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 5 - PAWNBROKERS, FACTORS, BAILEES, ACCEPTORS, AND DEPOSITORIES (§§ 44-14-400 — 44-14-412) › Section 44-14-411.1 - Repossessor of motor vehicle as involuntary, gratuitous, or naked depository of personal property found therein; disposition of personal property

(a)
Any person who lawfully repossesses a motor vehicle shall be an involuntary, gratuitous, or naked depository of any personal property found in such motor vehicle and shall have a lien on such property for any reasonable expenses incurred in storing such property or in giving notice to such owner.
(b)
Within ten days of the date of repossession, the person repossessing such motor vehicle shall notify the owner of the motor vehicle of the intent to dispose of the personal property. Such notice must be actual notice, but may be by personal service or by service by certified mail or statutory overnight delivery.
(c)
If the personal property is not redeemed within 30 days from the date of the first notice, a second notice shall be sent in the same manner as provided in subsection (b) of this Code section.
(d)
If the personal property is not redeemed within 30 days from the date of the second notice, the personal property may be disposed of in the manner most expeditious to the depository without further liability and the proceeds shall be disbursed as provided in Code Section
44-14-412
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 5 - PAWNBROKERS, FACTORS, BAILEES, ACCEPTORS, AND DEPOSITORIES (§§ 44-14-400 — 44-14-412) › Section 44-14-412 - Disposition of proceeds of sale; one-year limitation for claims of owner

The proceeds of any sale made under Code Sections
44-14-410
,
44-14-411
, and
44-14-411.1
shall be applied to the payment of any expense incurred in caring for the property sold, any expense incurred in endeavoring to locate and make delivery of the property to the owner, any expense of advertising the sale, and any other necessary expenses. Should there be a balance, the balance shall be payable to the owner of the property; provided, however, that any claim of an owner shall be barred unless made within one year from the date of the sale.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 6 - JEWELERS (§§ 44-14-430 — 44-14-434) › Section 44-14-430 - Lien for repairs; sale after one year

In order to enforce his lien for materials furnished and work done, any jeweler or any other person, firm, or corporation engaged in the business of repairing watches, clocks, jewelry, and other articles of similar character may sell those articles upon which charges for repairs, including work done and materials furnished, have not been paid and which have remained in the possession of the jeweler, person, firm, or corporation for a period of one year following the completion of the repairs.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 6 - JEWELERS (§§ 44-14-430 — 44-14-434) › Section 44-14-431 - Publication and mailing of notice

Before any sale is made as provided in Code Section
44-14-430
, the person, firm, or corporation making the sale shall give 30 days' notice thereof by posting a notice of the sale before the courthouse door of the county in which the repairs were made. Such notice shall give the name of the owner of the article or articles so repaired, if known, and, if not known, the name of the person from whom the article or articles were received; a description of the article or articles to be sold; and the name of the person, firm, or corporation making the repairs and proposing to make such sale. The person, firm, or corporation shall also give written notice thereof by sending a registered or certified letter to the last known address of the owner of the article or articles or the person who left the article or articles for repairs advising such persons of the time and place of the sale, the description of the article or articles to be sold, and the amount claimed by the person, firm, or corporation for such repairs, including work done and materials furnished; and the amount so claimed for the repairs shall also be stated in the notice posted before the courthouse door.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 14 - MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS (§§ 44-14-1 — 44-14-613) › Article 8 - LIENS (§§ 44-14-320 — 44-14-605) › Part 6 - JEWELERS (§§ 44-14-430 — 44-14-434) › Section 44-14-432 - Sale at public auction before courthouse

All sales made under this part shall be made at public auction before the courthouse door of the county where the person, firm, or corporation making the sale had its place of business at the time of receiving the article or articles to be sold and during the hours provided by law for holding sheriffs' sales.