Title 44 — Title 44

Application may be made and partition of personal property may be obtained in the same manner and under the same regulations as are prescribed by law for obtaining a partition of lands and tenements. History. Orig. Code 1863, § 3908; Code 1868, § 3938; Code 1873, § 4008; Code 188…

Loans may be either for consumption or for use. A loan for consumption is a loan of an article which is not to be returned in specie, but in kind; this is a sale and not a bailment. 214 History. Orig. Code 1863, § 2103; Code 1868, § 2098; Code 1873, § 2125; Code 1882, 44-12-111 §…

A loan for use is the gratuitous grant of an article to another for his use with the expectation that the article will be returned in specie. A loan for use may be made either for a definite time or for an indefinite time and is at the will of the grantor. History. Orig. Code 1863,…

The borrower is usually bound to exercise extraordinary care and diligence and is liable for slight neglect. History. Orig. Code 1863, § 2106; Code 1868, § 2101; Code 1873, § 2128; Code 1882, § 2128; Civil Code 1895, § 2947; Civil Code 1910, § 3519; Code 1933, § 12-504.

A loan is generally entirely for the benefit of the borrower, but sometimes it is for the joint benefit of the lender and the borrower and 216 44-12-114 occasionally it is for the exclusive benefit of the lender. Where the loan is for the joint benefit of the lender and the borrower …

Revocability, §44-12-116. Care of borrower required. Extraordinary care, §44-12-112. Intended benefit of loan, §44-12-113. Charges and expenses. Liability for necessary and extraordinary charges and expenses, §44-12-117. Consumption, §44-12-110. Nature of loan, §44-12-110. Convers…

The lender may not revoke a loan which is made for a definite time so long as the borrower meets fully his engagements with respect to such loan. A loan at will or a loan made for an indefinite time may be revoked at any time. History. Orig. Code 1863, § 2109; Code 1868, § 2104; Co…

The increase of loaned property, except property loaned by special contract, belongs to the lender. History. Orig. Code 1863, § 2111; Code 1868, § 2106; Code 1873, § 2133; Code 1882, § 2133; Civil Code 1895, § 2952; Civil Code 1910, § 3524; Code 1933, § 12-509. 44-12-119. How loa…

Loss of thing bailed. Act of God or contract exception available as defense, §44-12-45. Burden on bailee after loss, §44-12-44. Contracts of hiring, §44-12-66. Motor vehicle repossessors. Lien as involuntary, gratuitous or naked depository of personal property. Disposition of per…

Rule against perpetuities. Contracts to make or not revoke. Exceptions to applicability of article, §44-6-204. Gifts. Inter vivos gifts. Failure of specific purpose for which gift made. Implied trust, §44-5-87. Implied trusts. Inter vivos gifts. Failure of specific purpose for whic…

As used in this part, the term: (1) “Month” means that period of time from one date in a calendar month to the corresponding date in the following calendar month, but if there is no such corresponding date, then the last day of such following month. (2) “Pawnbroker” means any per…

Every pawnbroker shall maintain a permanent record book in which shall be entered in legible English at the time of each loan, purchase, or sale: (1) The date of the transaction; (2) The name of the person conducting the transaction; (3) The name, age, and address of the customer…

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. History. Ga. L. 1977, p. 1194, § 5.

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. History. Ga. L. 1977, p. 1194, § 6.

Municipal authorities may license pawnbrokers, define their powers 228 44-12-137 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. History. Ga. L. …

Recording, §44-2-10. Bills of sale to secure debt. Wrongful sale or removal of property subject to, §44-14-6. Bonds, surety. Foreclosure of liens on personalty. Bond by defendant for possession, §44-14-550. Judgment on replevy bonds, §44-14-551. Foreclosure of security interest o…

Necessity when defendant in possession of property. When action brought, §44-12-150. Purchase money contracts. Setoff and recoupment in action involving, §44-12-154. Recoupment. Action involving purchase money contract, §44-12-154. Replevy of property by plaintiff. Recovery by de…

Acceleration. Prohibited practices in connection with residential real estate transactions, §44-14-5. Actions. Enforcement of rights generally, §§44-14-120 to 44-14-126. Affidavits. Enforcement of rights of trustees and holders. Defense by maker, §44-14-121. Assumption of indebte…

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. History. Orig. Code 1863, § 3010; Code 1868, § 3022; Code 1873, § 3077; Code 1882, § 3077; Ci…

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…

Action for breach. Measure of damages, §44-5-66. Mitigation of damages, §44-5-65. Water rights. Construction of dam or canal on nonnavigable streams. Owner controlling lands on both sides. Liability for resultant damages, §44-8-4. DEAD BODIES.

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. History. Law…

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 …

Duration of pawn transactions; lease-back of motor vehicles prohibited; taking possession of motor vehicles; restrictions on interest, fees, or charges; action to recover excessive or undisclosed charges; consequences of excessive charges. Permanent records required; content. Man…

Abatement of hazard. Recovery of costs of filling or covering, §44-1-14. COTTON. Landlords crop liens. Unlawful purchase from tenant or laborer. Notice that tenant or laborer has no right to sell, §44-14-347. COUNTER AFFIDAVITS. Ejectment of intruders, §44-11-30. Procedure on subm…

General provisions, §§44-6-60 to 44-6-68. Removal of improperly parked cars or trespassing personal property, §44-1-13. Rent. Foreclosure of security interest in personal property. Rental transactions, §44-14-230. Retention of title contracts. Recording of security instruments in…

Assumption of custody by state, §44-12-216. Custody of state as unclaimed property. Assumption of custody, §44-12-216. State holding intangible property for owner. When presumed abandoned, §44-12-204. Statutory limitations.

This article shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. History. Code 1981, § 44-12-191, enacted by Ga. L. 1990, p. 1506, § 1. 44-12-192. Definitions.

As used in this article, the term: (1) “Apparent owner” means the person whose name appears on the records of the holder as the person entitled to property held, issued, or owing by the holder. (2) “Banking organization” means a bank, trust company, savings bank, industrial bank,…

When contents deemed abandoned, §44-12-209. Report and remittance of persons holding property presumed abandoned, §44-12-214. PRESUMPTIONS —Cont’d Unclaimed property —Cont’d State or federal entity. Holding intangible property for owner. When presumed abandoned, §44-12-204. Trave…

Custody of state as unclaimed property. Conditions under which sums payable on. Subject to, §44-12-195. TRAVELER’S CHECKS —Cont’d Unclaimed property —Cont’d Presumption of abandonment. When sums payable on deemed abandoned, §44-12-195. Records of business associations. Selling in…

Deposits or other interests in financial organization. When presumed abandoned, §44-12-197. Commencement of abandonment for property automatically renewable, §44-12-210. General provisions, §§44-12-190 to 44-12-238. Instruments on which financial organization directly liable. When …

Person presumed dead without heirs or distributees and property presumed abandoned, §44-12-211. Destruction of property, §44-12-217. Disposition of funds received under article, §44-12-218. 1180 INDEX UNCLAIMED PROPERTY —Cont’d Disposition of unclaimed property act. Short title, …

Claims for property paid or delivered to commissioner of revenue, §44-12-221. UNCLAIMED PROPERTY —Cont’d Applicability of article. Nonresident’s property held for or owed by holder subject to jurisdiction of nonresident’s state. Property not presumed abandoned in this state and s…

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 unclaime…

Citizens & S. Bank, 136 Ga. 344, 71 S.E. 469, 1911 Ga. LEXIS 533 (1911). The right to maintain an action for any damage done to property assigned while the property is still in the transferee’s possession is a chose in action under O.C.G.A. § 44-12-20. Benjamin-Ozburn Co. v. Morr…

Patronage dividends or capital credits presumed abandoned. Donation to tax-exempt nonprofit organizations, §44-12-236.1. Time. Appeal of commissioner’s decision concerning property paid or delivered to commissioner, §44-12-221. Filing of claims for property paid or delivered, §44-…

Abandonment presumed. Deposits or other interests in banking organization, §44-12-197. Commencement of abandonment on property automatically renewable, §44-12-210. Instruments on which banking organization directly liable, §44-12-196. 922 INDEX BILLS OF SALE. Mortgages. Parol evi…

Franchises. Construction or operation of public ferry. Franchise to be granted by state, §44-8-10. Compensation to landowner for interference with possession, §44-8-10. When franchise exclusive generally, §44-8-10. Private ferries.

Abandoned deposits or other interests in banking or financial organizations. Accrual of interest, §44-12-197. Jurisdiction. Nonresident’s property held for or owed by holder subject to jurisdiction of nonresident’s state. Property not presumed abandoned in this state and subject t…

(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 aband…

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. History. Code 1981, § 44-12-206, enacted …

When presumed abandoned, §44-12-205. Instruments on which banking or financial organization directly liable. When presumed abandoned, §44-12-196. Insurer or hospital, medical or dental service corporation funds held or owing by, §44-12-208. Intangible interest in business associat…

Funds held or owing by. When presumed abandoned, §44-12-208. Negotiable instrument for payment of claim under insurance contract. When sums payable on presumed abandoned, §44-12-208. Unclaimed property. Funds held or owing by. When presumed abandoned, §44-12-208. Negotiable instr…

Sealing of contents when contents deemed abandoned, §44-12-209. Tenants in common. Accounting between cotenants for unequal share, §44-6-122. Unclaimed property. Safe-deposit boxes. Rent due on, §44-12-209. RENT CONTROL. Restrictions on rent regulation by local governments, §44-7…

For every violation of an express or implied contract and for every injury done by another to one’s person or property, the law gives a right to recover and a remedy to enforce it. The right is a chose in action, and the remedy is an action at law. History. Orig. Code 1863, § 222…

Sums payable on negotiable instrument for payment of claim under insurance contract. When presumed abandoned, §44-12-208. Compensation for recovery or assistance in recovery of property. Reported and delivered to commissioner, §44-12-224. Confidentiality of information. Records re…

Court ordered refunds. When unclaimed refunds presumed abandoned, §44-12-200. Intangible interest. When presumed abandoned, §44-12-201. Maintenance and retention of records, §44-12-228. Undistributed dividends and distributions. When presumed abandoned, §44-12-201. 1179 INDEX UNC…

Publication, §44-12-215. Actions. Removal of improperly parked cars or trespassing personal property. Action for damages as result of violation of code section, §44-1-13. Bailments.

When presumed abandoned, §44-12-205. Custody of state as unclaimed property. Conditions under which intangible property subject to, §44-12-194. Traveler’s checks or money orders. Conditions under which sums payable on. Subject to, §44-12-195. Death. Person presumed dead without h…