reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 5 - PAWNBROKERS (§§ 44-12-130 — 44-12-138) › Section 44-12-134 - Maintenance of permanent records for four years

The record of each pawn or purchase transaction provided for in Code Sections
44-12-132
and
44-12-133
shall be maintained for a period of not less than four years.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 5 - PAWNBROKERS (§§ 44-12-130 — 44-12-138) › Section 44-12-135 - Effect of part on local laws

Nothing in this part shall supersede existing local laws nor relieve a pawnbroker from the necessity of complying with them. The requirements of local laws shall be construed as cumulative to this part.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 5 - PAWNBROKERS (§§ 44-12-130 — 44-12-138) › Section 44-12-136 - Supervision of pawnbrokers by municipalities

Municipal authorities may license pawnbrokers, define their powers and privileges by ordinance, impose taxes upon them, revoke their licenses, and exercise such general supervision as will ensure fair dealing between the pawnbroker and his customers.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 3 - BAILMENTS (§§ 44-12-40 — 44-12-138) › Part 5 - PAWNBROKERS (§§ 44-12-130 — 44-12-138) › Section 44-12-137 - Prohibited acts; penalties; presumption as to pledgor; replacement of lost or damaged goods

(a)
Any pawnbroker and any clerk, agent, or employee of such pawnbroker who shall:
(1)
Fail to make an entry of any material matter in his permanent record book;
(2)
Make any false entry therein;
(3)
Falsify, obliterate, destroy, or remove from his place of business such permanent record book;
(4)
Refuse to allow any duly authorized law enforcement officer who is certified by the Georgia Peace Officer Standards and Training Council or who is a federal officer to inspect his permanent record book or any goods in his possession during the ordinary hours of business or at any reasonable time;
(5)
Fail to maintain a record of each pawn transaction for at least four years;
(6)
Accept a pledge or purchase property from a person under the age of 18 years or who the pawnbroker knows is not the true owner of such property;
(7)
Make any agreement requiring the personal liability of a pledgor or seller or waiving any of the provisions of this part or providing for a maturity date less than one month after the date of the pawn transaction; or
(8)
Fail to return or replace pledged goods to a pledgor or seller upon payment of the full amount due the pawnbroker unless the pledged goods have been taken into custody by a court or a law enforcement officer or agency,
shall be guilty of a misdemeanor.
(b)
Any person properly identifying himself and presenting a pawn ticket to the pawnbroker shall be presumed to be the pledgor or seller and shall be entitled to redeem the pledged goods described in such ticket. In the event such pledged goods are lost or damaged while in the possession of the pawnbroker, it shall be the responsibility of the pawnbroker to replace the lost or damaged goods with like kinds of merchandise and proof of replacement shall be a defense to prosecution. For the purposes of this subsection, "lost" includes destroyed or having disappeared because of any cause, whether known or unknown, that results in the pledged goods being unavailable for return to the pledgor.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 4 - TROVER (§§ 44-12-150 — 44-12-171) › Part 1 - IN GENERAL (§§ 44-12-150 — 44-12-158) › Section 44-12-150 - Effect of defendant's possession on necessity of proof of conversion

In actions to recover the possession of chattels, it shall not be necessary to prove any conversion of the property if the defendant is in possession when the action is brought.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 4 - TROVER (§§ 44-12-150 — 44-12-171) › Part 1 - IN GENERAL (§§ 44-12-150 — 44-12-158) › Section 44-12-151 - Right of plaintiff to elect form of verdict

In an action to recover personal property, the plaintiff may elect:
(1)
To accept an alternative verdict for the property or for its value;
(2)
To demand a verdict for the damages alone; or
(3)
To demand a verdict for the property alone and its hire, if any.
It shall be the duty of the court to instruct the jury to render the verdict as the plaintiff elects.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 4 - TROVER (§§ 44-12-150 — 44-12-171) › Part 1 - IN GENERAL (§§ 44-12-150 — 44-12-158) › Section 44-12-152 - Determination of value of property

For personalty unlawfully detained, the plaintiff may recover a sum in the amount of the highest value which he is able to prove existed between the time of the conversion and the trial.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 4 - TROVER (§§ 44-12-150 — 44-12-171) › Part 1 - IN GENERAL (§§ 44-12-150 — 44-12-158) › Section 44-12-153 - Tender of property and hire; effect on costs

In actions for the recovery of personal property, if the defendant disclaims all title and tenders the property to the plaintiff when he files his answer, together with reasonable hire for the same since the conversion, the costs of the action shall be paid by the plaintiff unless he proves a previous demand of the defendant and a refusal to deliver.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 4 - TROVER (§§ 44-12-150 — 44-12-171) › Part 1 - IN GENERAL (§§ 44-12-150 — 44-12-158) › Section 44-12-154 - Setoff and recoupment in action involving purchase money contract; judgment; lien of defendant

When personal property is sold and the vendor retains the title until all the purchase money is paid, if the vendor or his assigns shall bring an action to recover the possession of such personal property, the defendant in the action may plead as a setoff any demand or claim that he may have against the plaintiff or may recoup any damages that he has sustained by reason of any failure of consideration, any defects in the personal property, or any breach of contract by the plaintiff whereby the defendant has in any way been injured or damaged. If the plaintiff elects to take a money judgment for the value of the property, the amount of the setoff or damages allowed the defendant by the jury shall be deducted from the value of the property and the amount allowed for the hire or use thereof and the plaintiff shall only recover the excess; but, if the amount of the setoff or damages allowed the defendant shall exceed the value of the property and the hire thereof, the defendant shall have judgment against the plaintiff for such excess. If the plaintiff elects to take a judgment for the property, the amount allowed the defendant as the setoff or damages shall be a lien on such property superior to all other liens except liens for taxes.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 4 - TROVER (§§ 44-12-150 — 44-12-171) › Part 1 - IN GENERAL (§§ 44-12-150 — 44-12-158) › Section 44-12-155 - Alternative verdict; effect as first lien pending payment of judgment

An alternative verdict in an action of trover vests the title to the property in the plaintiff to the extent that until the judgment is paid by the defendant such judgment shall constitute the first lien on the property to the exclusion of all other claims whatsoever.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 4 - TROVER (§§ 44-12-150 — 44-12-171) › Part 1 - IN GENERAL (§§ 44-12-150 — 44-12-158) › Section 44-12-156 - Effect of judgment for damages in trover; priority

When a verdict for damages is rendered in favor of a plaintiff in trover and a judgment is entered thereon, the verdict and judgment shall not have the effect of changing the property which is the subject matter of the action or of vesting the same in the defendant in the action until after the damages and costs recovered by the plaintiff in the action are paid off and discharged. However, the verdict and judgment shall subject the property to sale under and by virtue of an execution issuing upon the judgment in the action of trover and shall make the property liable to the payment of the damages and costs recovered in the action in preference to any other judgment, order, or decree against the defendant in such action.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 4 - TROVER (§§ 44-12-150 — 44-12-171) › Part 1 - IN GENERAL (§§ 44-12-150 — 44-12-158) › Section 44-12-157 - Effect of destruction of or injury to property on defendant's liability

Pending a trover action, the death or destruction of or material injury to the property in dispute shall be no defense to a mere wrongdoer. If the defendant is a bona fide claimant and the injury arises from an act of God and is in no way the result of the defendant's conduct, the jury may take the death, destruction, or material injury of the property into consideration; but in no case shall such an event cast the costs upon the plaintiff.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 4 - TROVER (§§ 44-12-150 — 44-12-171) › Part 1 - IN GENERAL (§§ 44-12-150 — 44-12-158) › Section 44-12-158 - Fees and costs when $100.00 or less is involved

In an action of trover or bail trover where the principal amount is $100.00 or less or where the value of the property sought to be recovered is $100.00 or less, the costs in such an action of trover or bail trover in the trial court shall be $5.00 which shall be equally divided to cover the services of the clerk of the court and the sheriff; provided, however, that the sheriff may also collect the additional amount of costs as provided by law for serving subpoenas upon witnesses; and provided, further, that clerks of the superior courts shall be entitled to receive the same fees as in other civil cases for performing the duties required of them in cases of trover or bail trover regardless of the amount involved in such cases of trover or bail trover.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 4 - TROVER (§§ 44-12-150 — 44-12-171) › Part 2 - BAIL IN TROVER PROCEEDINGS (§§ 44-12-170 — 44-12-171) › Section 44-12-170 - Sale of perishable or other property in absence of replevy; amount of money verdict for plaintiff

Whenever any officer has taken possession of any property under process in any case of trover and the property remains in the hands of the officer because neither the plaintiff nor the defendant replevies the property, if the property is of a perishable nature or liable to deterioration from keeping or if there is expense involved in keeping the property, the property may be sold under Code Section
9-13-163
; provided, however, if the property is sold, the plaintiff, in case of recovery, shall be entitled only to a money verdict for the amount of the proceeds of such sale together with any hire or interest from the date of conversion to the date of seizure found by the jury.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 4 - TROVER (§§ 44-12-150 — 44-12-171) › Part 2 - BAIL IN TROVER PROCEEDINGS (§§ 44-12-170 — 44-12-171) › Section 44-12-171 - Recovery by defendant in trover action when plaintiff had replevied property

When the plaintiff in a trover action has replevied the property and on the trial of the case fails to recover or dismisses his petition, the defendant may recover the property and its hire or the sworn value placed upon the property in the petition instead of suing on the replevy bond.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-190 - Short title

This article shall be known and may be cited as the "Disposition of Unclaimed Property Act."
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-191 - Construction of article

This article shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-193 - When property held, issued, or owing in ordinary course of holder's business presumed abandoned

Except as provided in Article 17B of Title 10, all tangible and intangible property, including any income or increment thereon, less any lawful charges, that is held, issued, or owing in the ordinary course of the holder's business and has remained unclaimed by the owner for more than five years after it became payable or distributable is presumed abandoned, except as otherwise provided by this article. Property is payable or distributable for the purpose of this article notwithstanding the owner's failure to make demand or to present any instrument or document required to receive payment.
Amended by 2006 Ga. Laws 741,§ 3, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-194 - Conditions under which intangible property subject to custody of state as unclaimed property

Unless otherwise provided in this article or by any other provision of law, intangible property is subject to the custody of this state as unclaimed property if the conditions leading to a presumption of abandonment as described in Code Section
44-12-193
are satisfied and:
(1)
The last known address, as shown on the records of the holder, of the apparent owner is in this state;
(2)
The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this state;
(3)
The records of the holder do not reflect the last known address of the apparent owner, and it is established that:
(A)
The last known address of the person entitled to the property is in this state; or
(B)
The holder is a domiciliary or a government or governmental subdivision or agency of this state and has not previously paid the property to the state of the last known address of the apparent owner or other person entitled to the property;
(4)
The last known address, as shown on the records of the holder, of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property and the holder is a domiciliary or a government or governmental subdivision or agency of this state;
(5)
The last known address, as shown on the records of the holder, of the apparent owner is in a foreign nation and the holder is a domiciliary or a government or governmental subdivision or agency of this state; or
(6)
The transaction out of which the property arose occurred in this state and:
(A)
The last known address of the apparent owner or other person entitled to the property is unknown; or
(B)
The last known address of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property; and
(C)
The holder is a domiciliary of a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-195 - When sums payable on traveler's checks or money orders deemed abandoned; conditions under which same may be subjected to custody of state as unclaimed property

(a)
Except as otherwise provided in this Code section, any sum payable on a traveler's check that has been outstanding for more than 15 years after its issuance is presumed abandoned unless the owner, within 15 years, has communicated in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the issuer.
(b)
Except as otherwise provided in this Code section, any sum payable on a money order or similar written instrument, other than a third-party bank check, that has been outstanding for more than seven years after its issuance is presumed abandoned unless the owner, within seven years, has communicated in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the issuer.
(c)
Any sum payable on a traveler's check, money order, or similar written instrument, other than a third-party bank check, described in this Code section may not be subjected to the custody of this state as unclaimed property unless:
(1)
The records of the issuer show that the traveler's check, money order, or similar written instrument was purchased in this state;
(2)
The issuer has its principal place of business in this state and the records of the issuer do not show the state in which the traveler's check, money order, or similar written instrument was purchased; or
(3)
The issuer has its principal place of business in this state, the records of the issuer show the state in which the traveler's check, money order, or similar written instrument was purchased, and the laws of the state of purchase do not provide for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property.
(d)
Notwithstanding any other provision of this article, the provisions of subsection (c) of this Code section relating to the requirements for subjecting certain written instruments to the custody of the state shall apply to sums payable on traveler's checks, money orders, and similar written instruments presumed abandoned on or after February 1, 1965, except to the extent that those sums have been paid over to a state prior to January 1, 1973.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-196 - When instruments on which banking or financial organization directly liable presumed abandoned; service charges

Any sum payable on a check, draft, or similar instrument, except money orders, traveler's checks, and other similar instruments subject to Code Section
44-12-195
, on which a banking or financial organization is directly liable, including but not limited to, cashier's checks and certified checks, which has been outstanding for more than five years after it was payable or after its issuance if payable on demand, is presumed abandoned unless the owner, within five years, has communicated in writing with the banking or financial organization concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization. Except for charges imposed with respect to issuance, no banking or financial organization shall deduct a service charge from, or otherwise impose a service charge on, any instrument described in this Code section unless such instrument is not presented for payment within two years of the date of issuance. Service charges may be imposed for each month of the 12 months following such two-year period.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-199 - When funds held or owing by utility presumed abandoned

The following funds held or owing by any utility are presumed abandoned:
(1)
Any deposit made by a subscriber with a utility to secure payment for or any sum paid in advance for utility services to be furnished in this state, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than five years after the termination of the services for which the deposit or advance payment was made; and
(2)
Any sum which a utility has been ordered to refund and which was received for utility services rendered in this state, together with any interest thereon, less any lawful deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than five years after the date it became payable in accordance with the final determination or order providing for the refund unless the regulatory body having jurisdiction over the utility has provided by order for a different disposition of such unclaimed funds.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-200 - When unclaimed court ordered refund from business association presumed abandoned

Except to the extent otherwise ordered by a court or administrative agency of competent jurisdiction, any sum that a business association has been ordered to refund by a court or administrative agency which has remained unclaimed by the owner for more than five years after it became payable in accordance with the final determination or order providing for the refund, regardless of whether the final determination or order requires any person entitled to a refund to make a claim for it, is presumed abandoned.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-202 - When unclaimed property distributed in course of dissolution or liquidation of a person presumed abandoned

All property distributable in the course of a voluntary or involuntary dissolution or liquidation of a person that remains unclaimed by the person entitled thereto, within one year after the date of final distribution or liquidation, shall be presumed abandoned.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-203 - When intangible property held in fiduciary capacity for benefit of another, and income derived therefrom, presumed abandoned

(a)
Intangible property and any income or increment derived therefrom held in a fiduciary capacity for the benefit of another person is presumed abandoned unless the owner, within five years after it has become payable or distributable, has increased or decreased the principal, accepted payment of principal or income, communicated concerning the property, or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by the fiduciary.
(b)
Funds in an individual retirement account or a retirement plan for self-employed individuals or similar account or plan established pursuant to the internal revenue laws of the United States are not payable or distributable within the meaning of subsection (a) of this Code section unless, under the terms of the account or plan, distribution of all or part of the funds would then be mandatory.
(c)
For the purpose of this Code section, a person who holds property as an agent for a business association is deemed to hold the property in a fiduciary capacity for a business association alone, unless the agreement between him and the business association provides otherwise.
(d)
For the purposes of this article, a person who is deemed to hold property in a fiduciary capacity for a business association alone is the holder of the property only insofar as the interest of the business association in the property is concerned, and the business association is the holder of the property insofar as the interest of any other person in the property is concerned.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-204 - When intangible property held for owner by state or federal entity presumed abandoned

All intangible property held for the owner by any state or federal court, government, governmental subdivision or agency, public corporation, or public authority which remains unclaimed by the owner for more than five years after becoming payable or distributable is presumed abandoned.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-205 - When gift certificate or credit memo presumed abandoned

(a)
A gift certificate or a credit memo issued in the ordinary course of an issuer's business which remains unclaimed by the owner for more than five years after becoming payable or distributable is presumed abandoned.
(b)
In the case of a gift certificate, the amount presumed abandoned is the price paid by the purchaser for the gift certificate. In the case of a credit memo, the amount presumed abandoned is the amount credited to the recipient of the memo.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-206 - When unpaid wages presumed abandoned

Unpaid wages, including wages represented by unpresented payroll checks owing in the ordinary course of the holder's business, that have remained unclaimed by the owner for more than one year after becoming payable are presumed abandoned.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-207 - When employee benefit trust distributions and income thereon presumed abandoned; exceptions

(a)
All employee benefit trust distributions and any income or other increment thereon are abandoned to this state under the provisions of this article if the owner has not, within five years after it becomes payable or distributable, accepted such distribution, corresponded in writing concerning such distribution, or otherwise indicated an interest as evidenced by a memorandum or other record on file with the fiduciary of the trust or custodial fund or administrator of the plan under which such trust or fund is established.
(b)
An employee benefit trust distribution and any income or other increment thereon shall not be presumed abandoned to this state under the provisions of this article if, at the time such distribution shall become payable to a participant in an employee benefit plan, such plan contains a provision for forfeiture, if the trustees of an employee benefit plan supported wholly or partially from public funds adopt a provision for forfeiture, or if such plan expressly authorizes the trustee to declare a forfeiture of a distribution to a beneficiary thereof who cannot be found after a period of time specified in such plan, and the trust or fund established under the plan has not terminated prior to the date on which such distribution would become forfeitable in accordance with such provision.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-208 - When funds held or owing by insurer or hospital, medical, or dental service corporation presumed abandoned; when sums payable on negotiable instrument for payment of claim under insurance contract presumed abandoned

(a)
Any funds held or owing by a fire, casualty, or any other insurer or surety as defined in Title 33 or a hospital, medical, or dental service corporation organized under Title 31 that are due and payable, as established from the records of the insurer or surety either to an insured, a principal, or other claimant under any insurance policy or contract shall be presumed abandoned if they have not been claimed or paid within five years after becoming due or payable. Funds payable according to the insurer's or surety's records are deemed due and payable although the policy or contract has not been surrendered as required.
(b)
If a person other than the insured, the principal, or the claimant is entitled to the funds and no address of the person is known to the insurer or surety or if it is not definite and certain from the records of the insurer or surety what person is entitled to the funds, it is presumed that the last known address of the person entitled to the funds is the same as the last known address of the insured, the principal, or the claimant according to the records of the insurer or surety.
(c)
Any sum for the payment of a claim under an insurance policy or contract, which sum is payable on a negotiable instrument on which the insurer is the maker or drawer shall be presumed abandoned if, within five years from the date payable, or from the date of issuance, if payable on demand, the owner has not:
(1)
Negotiated the instrument;
(2)
Corresponded in writing with the insurer concerning it; or
(3)
Otherwise indicated an interest by a writing on file with the insurer.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-210 - Commencement of abandonment for certain property described in Code Section 44-12-197

The abandonment period of any property described in Code Section
44-12-197
that is automatically renewable shall commence upon the expiration of its initial time period except that, in the case of any renewal to which the owner consents at or about the time of renewal by communicating in writing with the person holding the property or otherwise indicating such consent as evidenced by a memorandum on file prepared by an employee, the abandonment period shall commence upon the expiration of the last time period for which consent was given.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-211 - When bequeathed property presumed abandoned; when person presumed dead without heirs or distributees and property presumed abandoned

(a)
Property which has been bequeathed to any person shall be presumed abandoned if not claimed by that person or his heirs, legatees, or distributees within five years after the death of the testator unless the will makes provision in case of a lapse, failure, or rejection of the bequest for the disposition of the property.
(b)
When a person owning property is not known for five successive years to be living and neither the person named, his heirs, or distributees can be located or proved for five successive years to have been living, he shall be presumed to have died without heirs or distributees and his property shall be presumed abandoned.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-211.1 - Excess funds from sale of abandoned motor vehicle; claim for funds; definitions

(a)
Within 15 days of the sale of a motor vehicle pursuant to Article 1A of Chapter 11 of Title 40, "The Abandoned Motor Vehicle Act," and the satisfaction of the amounts owed for liens on such motor vehicle, any towing and storage firm, repair facility, or salvage dealer selling such motor vehicle shall provide to the commissioner any excess funds minus the allowable costs incurred for the public sale of such motor vehicle as set forth in subsection (b) of Code Section
40-11-19.2
. The funds turned over to the department shall be accompanied by copies of the court order issued pursuant to Code Section
40-11-19.1
, the bill of sale, and the receipt for the costs associated with the sale held pursuant to Code Section
40-11-19.2
on a form prescribed by the department for such purpose.
(b)
(1)
Any person claiming a property interest in the motor vehicle sold pursuant to Article 1A of Chapter 11 of Title 40, "The Abandoned Motor Vehicle Act," and the excess funds from such sale may make such claim to the department upon a form provided for such purpose through rule or regulation within six months of the sale.
(2)
If such excess funds remain unclaimed for more than six months, any person authorized to make a claim under paragraph (1) of this subsection, or the towing and storage firm, repair facility, or salvage dealer selling such motor vehicle, may make a claim to the department for such excess funds. If more than one claim is made during this six-month period, the party first making a claim determined by the department as authorized shall be entitled to the excess funds. No claim shall be authorized after one year from the date excess funds are provided to the commissioner.
(c)
For purposes of this Code section, the terms "repair facility," "salvage dealer," and "towing and storage firm" shall have the same meanings as provided for in Code Section
40-11-13
.
Amended by 2021 Ga. Laws 307,§ 44, eff. 5/10/2021.
Added by 2019 Ga. Laws 275,§ 6, eff. 9/1/2019.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-212 - When property described in Code Section 44-12-193 not subject to this article

If specific property which is subject to the provisions of Code Section
44-12-193
is held for or owed or distributable to an owner whose last known address is in another state by a holder who is subject to the jurisdiction of that state, the specific property is not presumed abandoned in this state and subject to this article if:
(1)
It may be claimed as abandoned or escheated under the laws of such other state; and
(2)
The laws of such other state make reciprocal provision that similar specific property is not presumed abandoned or escheatable by such other state when held for or owed or distributable to an owner whose last known address is within this state by a holder who is subject to the jurisdiction of this state.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-213 - Cooperation with other states to audit or otherwise determine unclaimed property subject to claim; rules and procedure

(a)
The commissioner may enter into agreements with other states to exchange information needed to enable this or another state to audit or otherwise determine unclaimed property that is subject to a claim of custody. The commissioner by rule may require the reporting of information needed to enable compliance with agreements made pursuant to this Code section and may prescribe the form.
(b)
To avoid conflicts between the commissioner's procedures and the procedures of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act, the commissioner, so far as is consistent with the purposes, policies, and provisions of this article, before adopting, amending, or repealing rules, shall advise and consult with administrators in other jurisdictions that enact the Uniform Unclaimed Property Act and take into consideration the rules of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act.
(c)
The commissioner may join with other states to seek enforcement of this article against any person who is or may be holding property reportable under this article.
(d)
At the request of another state, the Attorney General of this state may bring an action in the name of the administrator of the other state in any court of competent jurisdiction in this state to enforce the unclaimed property laws of the other state against the holder in this state of property subject to escheat or a claim of abandonment by the other state, if the other state has agreed to pay expenses incurred by the Attorney General in bringing that action.
(e)
The commissioner may request that the attorney general of another state or any other person bring an action in the name of the commissioner in the other state. This state shall pay all expenses including attorney's fees in any action under this subsection. The commissioner may agree to pay the person bringing the action attorney's fees based in whole or in part on a percentage of the value of any property recovered in the action. Any expenses paid pursuant to this subsection may not be deducted from the amount that is subject to the claim by the owner under this article.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-215 - Publication of "Georgia Unclaimed Property List"; contents of notice

(a)
The commissioner shall electronically publish notice of the reports filed under Code Section
44-12-214
on the Department of Revenue's website.
(b)
The published notice shall be entitled the "Georgia Unclaimed Property List" and shall contain the names in alphabetical order and the internal identification number of persons listed in the report and entitled to notice within the county as provided in Code Section
44-12-214
.
(c)
The notice shall contain a statement that information concerning the amount or description of the property and the name of the holder may be obtained by any persons possessing an interest in the property by addressing an inquiry to the commissioner. In cases of property submitted pursuant to Code Section
44-12-211.1
, the notice shall also contain the year, make, model, and vehicle identification number of the motor vehicle sold pursuant to Article 1A of Chapter 11 of Title 40, "The Abandoned Motor Vehicle Act."
(d)
The commissioner shall not be required to publish in such notice any item with a value of less than $50.00 unless the commissioner deems such publication to be in the public interest.
Amended by 2019 Ga. Laws 275,§ 7, eff. 9/1/2019.
Amended by 2015 Ga. Laws 15,§ 2, eff. 3/31/2015.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-218 - Disposition of funds received under article

All funds received under this article, including the proceeds from the sale of abandoned property under Code Section
44-12-217
, shall be deposited by the commissioner in the general fund; provided, however, that the commissioner may deduct and retain moneys necessary to properly administer this article, including, but not limited to, the costs of personnel and the direct administrative expenses required to identify, locate, secure, and transmit abandoned property prior to depositing such funds; provided, further, that such administrative expenses shall not be less than 1 percent of the funds deposited annually. Before making a deposit he or she shall record the name and last known address of each person appearing from the holders' reports to be entitled to the abandoned property and of the name and last known address of each insured person or annuitant and, with respect to each policy or contract listed in the report of an insurance company, its number, the name of the corporation, and the amount due.
Amended by 2023 Ga. Laws 81,§ 4, eff. 7/1/2024.
Amended by 2015 Ga. Laws 15,§ 3, eff. 3/31/2015.
Amended by 2013 Ga. Laws 196,§ 2, eff. 5/6/2013.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-219 - When commissioner may decline to receive certain property

The commissioner, after receiving reports of property deemed abandoned pursuant to this article, may decline to receive any property reported which he deems to have a value less than the cost of giving notice and holding sale, or he may, if he deems it desirable because of the small sum involved, postpone taking possession until a sufficient sum accumulates. Unless the holder of the property is notified to the contrary within 120 days after filing the report required under Code Section
44-12-214
, the commissioner shall be deemed to have elected to receive the custody of the property.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-221 - Appeal of commissioner's decision

Any person aggrieved by a decision of the commissioner to approve or deny a claim or whose claim the commissioner has failed to act upon within 90 days after the filing of the claim may appeal such decision or lack of decision, either of which shall be deemed the final agency decision, to the Superior Court of Fulton County. The proceeding shall be brought within 90 days after the decision of the commissioner or within 180 days of the filing of the claim if the commissioner fails to act. The appeal shall be tried de novo without a jury. The record on appeal shall be limited to the documents or evidence admitted at any hearing before the commissioner; provided, however, that the court may allow a party to supplement the record for good cause.
Amended by 2023 Ga. Laws 81,§ 6, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-222 - Determination of claim; hearing

(a)
The commissioner shall consider any claim filed under this article, and in rendering a determination on the merits of any such claim, shall rely on the applicable statutes, regulations, and relevant court decisions .
(b)
In his or her sole discretion, the commissioner may hold a hearing and receive evidence concerning any unclaimed property claim filed under this article. If a hearing is held, the commissioner, or his or her designated representative, shall consider evidence that would be admissible in contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' In any proceeding for determination of a claim to property, the burden shall be upon the claimant, or the claimant's agent, including a claimant's designated representative, to establish entitlement to the property by a preponderance of evidence.
(c)
If a hearing is held, the commissioner, or his or her designated representative, shall prepare a finding and a decision in writing on each claim filed, stating the substance of any evidence heard by him or her and the reasons for his or her decision. The decision shall be a public record and deemed the final agency decision.
(d)
If the claim is approved, the commissioner shall make payment pursuant to paragraph (2) of subsection (d) of Code Section
44-12-220
. Claims shall be paid without deduction for costs of notice.
Amended by 2023 Ga. Laws 81,§ 7, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-223 - Effect of periods of limitation

The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or property, shall not prevent the money or property from being presumed abandoned property nor affect any duty to file a report required by this article or to pay or deliver abandoned property to the commissioner.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-225 - Confidentiality of information or records required by this article

Any information or records required to be furnished to the commissioner shall be confidential except as otherwise necessary in the proper administration of this article.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-226 - Expiration of limitation specified by contract, statute, or court order not to affect duties required by this article

The expiration, before or after July 1, 1990, of any period of time specified by contract, statute, or court order during which a claim for money or property can be made or during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or to recover property, does not prevent the money or property from being presumed abandoned nor affect any duty to file a report or to pay or deliver abandoned property to the commissioner as required by this article.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 12 - RIGHTS IN PERSONALTY (§§ 44-12-1 — 44-12-322) › Article 5 - DISPOSITION OF UNCLAIMED PROPERTY (§§ 44-12-190 — 44-12-239.2) › Section 44-12-227 - Penalties

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