Georgia CommonsOfficial Code of Georgia Annotated
Title 11. COMMERCIAL CODE · Chapter 3. · Article 3. NEGOTIABLE INSTRUMENTS · Part 1. GENERAL PROVISIONS AND DEFINITIONS
11-3-119. Notice of right to defend action.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
In an action for breach of an obligation for which a third person is answerable over pursuant to this article or Article 4 of this title, the defendant may give the third person notice of the litigation in a record, and the person notified may then give similar notice to any other person who is answerable over. If the notice states that (i) the person notified may come in and defend; and (ii) failure to do so will bind the person notified in an action later brought by the person giving the notice as to any determination of fact common to the two litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend.
History
Code 1981, § 11-3-119, enacted by Ga. L. 1996, p. 1306, § 3; Ga. L. 2024, p. 817, § 5-18/HB 1240, effective July 1, 2024.
Amendments
The 2024 amendment, effective July 1, 2024, substituted “notice of the litigation in a record” for “written notice of the litigation” in the first sentence.
Editor's notes
Ga. L. 2024, p. 817, § 1-1/HB 1240, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Uniform Commercial Code Modernization Act of 2024.’” Ga. L. 2024, p. 817, § 1-2/HB 1240, not codified by the General Assembly, provides: “Nothing in this Act shall be construed to support, endorse, create, or implement a national digital currency.”
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t11-(v9)-pdf.pdf, Volume V9, 2022 edition, 2025 supplement, page 38; merge action: replaced; file SHA-256 df9393c4ba3b.