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Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 12. RIGHTS IN PERSONALTY · Article 8. DIE, MOLDS, FORMS, AND PATTERNS · Part 2. MOLDERS’ LIENS

44-12-321. Notice before sale of property; violation of certain rights prohibited.

Active

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

  1. (a)

    Before a molder may sell a die, mold, form, or pattern, pursuant to subsection (c) of Code Section 44-12-320, the molder shall notify the customer by registered mail or statutory overnight delivery, return receipt requested. The notice shall include the following information:#

    1. (1)

      The molder’s intention to sell the die, mold, form, or pattern 30 days after the customer’s receipt of the notice;#

    2. (2)

      A description of the die, mold, form, or pattern to be sold;#

    3. (3)

      The time and place of the sale; and#

    4. (4)

      An itemized statement for the amount due.#

  2. (b)

    If there is no return of the receipt of the mailing or if the postal service returns the notice as being nondeliverable, the molder shall publish notice of the molder’s intention to sell the die, mold, form, or pattern in a newspaper of general circulation in the county of the customer’s last known place of business. The notice shall include a description of the die, mold, form, or pattern.#

  3. (c)

    A sale shall not be made under this Code section if such sale would violate any right of a customer under federal patent or copyright law.#

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, § 44-12-321, enacted by Ga. L. 1999, p. 862, § 1; Ga. L. 2000, p. 1589, § 4.

Editor's notes

Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provided that the Act is applicable with respect to notices delivered on or after July 1, 2000.

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-ch8-15-(v32)-2022-pdf.pdf, Volume V32, 2022 edition, pages 330 to 331; merge action: carried; file SHA-256 02e72213893a.