Georgia Commons

Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 12. RIGHTS IN PERSONALTY · Article 5. DISPOSITION OF UNCLAIMED PROPERTY

44-12-231. Enforcement of article; properties not paid over on a timely basis.

Active

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

  1. (a)

    The commissioner may bring an action in a court of competent jurisdiction to enforce this article. Notwithstanding the provisions of Code Section 44-12-214, the commissioner shall commence enforcement for the reporting, payment, or delivery of property presumed abandoned under this article, with the exception of property held in a fiduciary capacity, not later than seven years from the date the property is presumed abandoned.#

  2. (b)

    Properties due and owing under this Code section and not paid over to the commissioner on a timely basis shall be paid upon notice and demand by the commissioner or the commissioner’s delegate and shall be assessed and collected in the manner provided for assessment and collection of state taxes in Chapters 2, 3, and 4 of Title 48. The commissioner is authorized to issue an execution for the amounts due as provided in Code Section 48-3-3. The remedies specified in this subsection shall be in addition to all other remedies provided for in this article.#

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

Code 1981, § 44-12-231, enacted by Ga. L. 1990, p. 1506, § 1; Ga. L. 1993, p. 1813, § 1; Ga. L. 2025, p. 1029, § 44(11)/SB 153, effective July 1, 2025.

Amendments

The 2025 amendment, effective July 1, 2025, part of an Act to revise, modernize, and correct the Code, in subsection (b), substituted “Code Section 48-3-3” for “Code Section 48-3-1”.

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 t44-ch8-17-(v32)-pdf.pdf, Volume V32, 2022 edition, 2025 supplement, page 35; merge action: replaced; file SHA-256 41d663706f28.

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