Georgia Commons

Title 44. PROPERTY

Chapter 12. RIGHTS IN PERSONALTY

146 sections · 44-12-1 to 44-12-322

Article 1. IN GENERAL

  1. 44-12-1Partition of personal property.

Article 2. CHOSES IN ACTION

  1. 44-12-20“Chose in action” defined.
  2. 44-12-21Rights and remedies to enforce choses in action.
  3. 44-12-22Assignment of choses in action arising upon contracts.
  4. 44-12-23Assignment of a fund.
  5. 44-12-24What rights of action may and may not be assigned.

Article 3. BAILMENTS · Part 1. IN GENERAL

  1. 44-12-40“Bailment” defined.
  2. 44-12-41Bailment contract as entire; performance as condition precedent to action upon it.
  3. 44-12-42Rights of bailee in bailed property; actions to enforce rights.
  4. 44-12-43Care required of bailees.
  5. 44-12-44Burden on bailee after loss; proper diligence standard.
  6. 44-12-45When act of God or contract exception available as defense.

Article 3. BAILMENTS · Part 2. HIRING

  1. 44-12-60“Hiring” defined.
  2. 44-12-61Qualified ownership and rights of hirer.
  3. 44-12-62Duties of hirer; liability for acts of bailor’s agents.
  4. 44-12-63Obligations of bailor.
  5. 44-12-64Duty to return property; assumption of risks; time of return.
  6. 44-12-65Effect of breach of contract; action for conversion by bailor.
  7. 44-12-66Effect of loss or destruction of thing hired; liability of hirer.
  8. 44-12-67When hirer may relet; effect of reletting without consent of bailor.
  9. 44-12-68Consent required for removal of hired thing from state or hazardous use.
  10. 44-12-69Rights of action of hirer and bailor.
  11. 44-12-70Liability of thing hired to execution and levy; forthcoming bond.
  12. 44-12-71Hire of labor or services; standard of care.
  13. 44-12-72Title to article on which labor bestowed.
  14. 44-12-73Right to possession by bailee.
  15. 44-12-74Loss or destruction of property; right of bailee to compensation.
  16. 44-12-75Exercise of discretion by factor; diligence.
  17. 44-12-76Keeper of livery stable; diligence.
  18. 44-12-77Garage owner; diligence.
  19. 44-12-78Keeper of wharf; liability.

Article 3. BAILMENTS · Part 3. DEPOSITS

  1. 44-12-90Definitions.
  2. 44-12-91Voluntary or involuntary depositories; liability for naked deposit.
  3. 44-12-92Liability of depositories for hire.
  4. 44-12-93Liability for gratuitously transporting deposits.
  5. 44-12-94Termination of bailment of naked deposit.
  6. 44-12-95Effect of use of naked deposit on liability.
  7. 44-12-96Reimbursement of expenses incurred by reason of naked deposit; retention of possession.

Article 3. BAILMENTS · Part 4. LOANS OF PROPERTY

  1. 44-12-110Kinds of loans; nature of loan for consumption.
  2. 44-12-111Nature of loan for use.
  3. 44-12-112Borrower’s duty of extraordinary care.
  4. 44-12-113Loan beneficiaries and responsibilities.
  5. 44-12-114Right of borrower to possession; action for interference.
  6. 44-12-115When borrower may transfer thing loaned; liability of article to levy and sale.
  7. 44-12-116Revocability of loans.
  8. 44-12-117Liability for necessary and extraordinary charges and expenses.
  9. 44-12-118Ownership of increase in loaned property.
  10. 44-12-119How loaned property used; acts considered as conversion.
  11. 44-12-120When death of parties terminates loans.

Article 3. BAILMENTS · Part 5. PAWNBROKERS

  1. 44-12-130Definitions.
  2. 44-12-131Duration 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.
  3. 44-12-132Permanent records required; content.
  4. 44-12-133Manner of recording entry in permanent records; corrections; inspection.
  5. 44-12-134Maintenance of permanent records for four years.
  6. 44-12-135Effect of part on local laws.
  7. 44-12-136Supervision of pawnbrokers by municipalities.
  8. 44-12-137Prohibited acts; penalties; presumption as to pledgor; replacement of lost or damaged goods.
  9. 44-12-138Restrictions on advertising; disclosure tickets or statements.

Article 4. TROVER · Part 1. IN GENERAL

  1. 44-12-150Effect of defendant’s possession on necessity of proof of conversion.
  2. 44-12-151Right of plaintiff to elect form of verdict.
  3. 44-12-152Determination of value of property.
  4. 44-12-153Tender of property and hire; effect on costs.
  5. 44-12-154Setoff and recoupment in action involving purchase money contract; judgment; lien of defendant.
  6. 44-12-155Alternative verdict; effect as first lien pending payment of judgment.
  7. 44-12-156Effect of judgment for damages in trover; priority.
  8. 44-12-157Effect of destruction of or injury to property on defendant’s liability.
  9. 44-12-158Fees and costs when $100.00 or less is involved.

Article 4. TROVER · Part 2. BAIL IN TROVER PROCEEDINGS

  1. 44-12-170Sale of perishable or other property in absence of replevy; amount of money verdict for plaintiff.
  2. 44-12-171Recovery by defendant in trover action when plaintiff had replevied property.

Article 5. DISPOSITION OF UNCLAIMED PROPERTY

  1. 44-12-190Short title.
  2. 44-12-191Construction of article.
  3. 44-12-192Definitions.
  4. 44-12-193When property held, issued, or owing in ordinary course of holder’s business presumed abandoned.
  5. 44-12-194Conditions under which intangible property subject to custody of state as unclaimed property.
  6. 44-12-195When sums payable on traveler’s checks or money orders deemed abandoned; conditions under which same may be subjected to custody of state as unclaimed property.
  7. 44-12-196When instruments on which banking or financial organization directly liable presumed abandoned; service charges.
  8. 44-12-197When certain deposits or other interests in banking or financial organization presumed abandoned.
  9. 44-12-198When fund under life or endowment insurance policy or annuity contract presumed abandoned.
  10. 44-12-199When funds held or owing by utility presumed abandoned.
  11. 44-12-200When unclaimed court ordered refund from business association presumed abandoned.
  12. 44-12-201When undistributed dividends and distributions of business associations presumed abandoned; when intangible interest in business associations presumed abandoned.
  13. 44-12-202When unclaimed property distributed in course of dissolution or liquidation of a person presumed abandoned.
  14. 44-12-203When intangible property held in fiduciary capacity for benefit of another, and income derived therefrom, presumed abandoned.
  15. 44-12-204When intangible property held for owner by state or federal entity presumed abandoned.
  16. 44-12-205When gift certificate or credit memo presumed abandoned.
  17. 44-12-206When unpaid wages presumed abandoned.
  18. 44-12-207When employee benefit trust distributions and income thereon presumed abandoned; exceptions.
  19. 44-12-208When funds held or owing by insurer or hospital, medical, or dental service corporation presumed abandoned; when sums payable on negotiable instrument for payment of claim under insurance contract presumed abandoned.
  20. 44-12-209Rent due on safe-deposit boxes; notice of opening of box and sealing of contents when contents deemed abandoned; delivery to commissioner; retention of documents by commissioner.
  21. 44-12-210Commencement of abandonment for certain property described in Code Section 44-12-197.
  22. 44-12-211When bequeathed property presumed abandoned; when person presumed dead without heirs or distributees and property presumed abandoned.
  23. 44-12-211.1Excess funds from sale of abandoned motor vehicle; claim for funds; definitions.
  24. 44-12-212When property described in Code Section 44-12-193 not subject to this article.
  25. 44-12-213Cooperation with other states to audit or otherwise determine unclaimed property subject to claim; rules and procedure.
  26. 44-12-214Report and remittance of persons holding property presumed abandoned under this article.
  27. 44-12-215Publication of “Georgia Unclaimed Property List”; contents of notice.
  28. 44-12-216Assumption of custody by state; legal proceedings instituted by other state; reimbursements for costs to safe-deposit box holders.
  29. 44-12-217Sale or destruction of property.
  30. 44-12-218Disposition of funds received under article.
  31. 44-12-219When commissioner may decline to receive certain property.
  32. 44-12-220Claims for property paid or delivered to commissioner; procedure.
  33. 44-12-221Appeal of commissioner’s decision.
  34. 44-12-222Determination of claim; hearing.
  35. 44-12-223Effect of periods of limitation.
  36. 44-12-224Development and publication of unclaimed property forms by commissioner; use of forms to file claim; contents of forms; fees and costs; revocation of agreements; addendums; immunity from liability.
  37. 44-12-225Confidentiality of information or records required by this article.
  38. 44-12-226Expiration of limitation specified by contract, statute, or court order not to affect duties required by this article.
  39. 44-12-227Penalties.
  40. 44-12-228Maintenance and retention of records.
  41. 44-12-229Investigations and examinations of claims, reports, and other records; commissioner may compel filing of report and may examine records; failure to maintain records.
  42. 44-12-230Employment of independent consultant.
  43. 44-12-231Enforcement of article; properties not paid over on a timely basis.
  44. 44-12-232Article does not relieve holder of duty that arose before July 1, 1990.
  45. 44-12-233Receipt of securities under this article.
  46. 44-12-234Property in foreign country or arising out of foreign transaction.
  47. 44-12-235Rules and regulations.
  48. 44-12-236Alternative method of disposition with respect to certain dividends or capital credits which are presumed abandoned; definitions; procedures.
  49. 44-12-236.1Donation of abandoned dividends or capital credits by rural telephone cooperatives for certain purposes.
  50. 44-12-237Unclaimed United States Savings Bond.
  51. 44-12-238Claim for United States savings bonds escheated to state.
  52. 44-12-239Required fee and form; background checks; penalty for falsification; required notice; naming convention; registration term; adverse treatment of registration; hearings.
  53. 44-12-239.1Data base for unclaimed accounts.
  54. 44-12-239.2Grounds for administrative enforcement action.

Article 6. FALLING PECANS

  1. 44-12-240Definitions.
  2. 44-12-241Pecans falling on public right of way; ownership during harvest season; picking pecans from tree limbs without permission; penalty.
  3. 44-12-242Pecans on public right of way; removal out of harvest season.
  4. 44-12-243Effect of article on maintenance of public rights of way; harvest on limited access highways.

Article 7. PROTECTION OF AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS · Part 1. AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS HELD BY MUSEUMS

  1. 44-12-260Definitions.
  2. 44-12-261Inventory of American Indian human remains or burial objects in possession of museum; additional documentation upon request of American Indian tribe; construction of part; extension of time to complete inventory and identification; notification of affected tribes.
  3. 44-12-262Return of human remains and burial objects upon request of known lineal descendant or tribe; immunity of museum for returns made in good faith; private collections of artifacts not containing burial objects.
  4. 44-12-263Monitoring and review of inventory, identification, and repatriation activities.
  5. 44-12-264Penalties for violation of Code Sections 44-12-261 and 44-12-262.

Article 7. PROTECTION OF AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS · Part 2. COUNCIL ON AMERICAN INDIAN CONCERNS

  1. 44-12-280Council on American Indian Concerns created; membership; assignment for administrative purposes; terms of office; removal for failure to attend meetings.
  2. 44-12-281Compensation and expenses.
  3. 44-12-282Chairperson; meetings; quorum.
  4. 44-12-283Powers and duties of council.
  5. 44-12-283.1Additional powers of council.
  6. 44-12-283.2Council authorized to promulgate rules and regulations; notification requirement.
  7. 44-12-284Delegation of duties; professional, technical, and clerical personnel.
  8. 44-12-285Annual report.

Article 7. PROTECTION OF AMERICAN INDIAN HUMAN REMAINS AND BURIAL OBJECTS · Part 3. LEGITIMATE AMERICAN INDIAN TRIBES

  1. 44-12-300Tribes, bands, groups, or communities recognized by state as legitimate American Indian tribes.

Article 8. DIE, MOLDS, FORMS, AND PATTERNS · Part 1. IN GENERAL

  1. 44-12-310Definitions.
  2. 44-12-311Rights and title; transfer to molder.

Article 8. DIE, MOLDS, FORMS, AND PATTERNS · Part 2. MOLDERS’ LIENS

  1. 44-12-320Lien created; notice; enforcement; public auction authorized.
  2. 44-12-321Notice before sale of property; violation of certain rights prohibited.
  3. 44-12-322Effect of part on other laws of this state.