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Official Code of Georgia Annotated

Title 13. CONTRACTS · Chapter 4. MODIFICATION, EXTINGUISHMENT, AND RENEWAL · Article 3. PAYMENT

13-4-42. Appropriation of payments.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. When a payment is made by a debtor to a creditor holding several demands against him, the debtor shall have the right to direct the claim to which it shall be appropriated. If the debtor fails to do so, the creditor shall have the right to appropriate the payment at his election. If neither party exercises the privilege, the law shall direct the application in such manner as shall be reasonable and equitable, both as to the parties and third persons, provided that, as a general rule, the oldest lien and the oldest item in an account shall be paid first, the presumption of law being that such is the intention of the parties.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 2810; Code 1868, § 2818; Code 1873, § 2869; Code 1882, § 2869; Civil Code 1895, § 3722; Civil Code 1910, § 4316; Code 1933, § 20-1006; Ga. L. 1982, p. 3, § 13.

Law reviews

For article, ‘‘Caveat Venditor: The Material Supplier’s Dilemma on a Construction Project,’’ see 28 Ga. St. B.J. 154 (1992).

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 t13-(v11)-2010-pdf.pdf, Volume V11, 2010 edition, page 254; merge action: annotated; file SHA-256 18573afb153d.