O.C.G.A.

O.C.G.A. § 10-1-702 (2019)

Payment of commission owed after contract termination; civil action authorized

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) When a contract between a principal and a sales representative is terminated, the principal shall within 30 days after the termination of the contract pay all commissions due to the sales representative.

(b) A principal who fails to make timely payment of commissions as required by subsection (a) of this Code section shall be liable to the sales representative in a civil action for:

(1) All amounts due to the sales representative according to the terms of the contract;

(2) Exemplary damages in an amount not to exceed double the amount not timely paid as required by subsection (a) of this Code section; and

(3) Reasonable attorney’s fees actually and reasonably incurred by the sales representative in the action.

(c) A person who brings an action under this Code section shall, if the court determines that the action is frivolous, be liable to the defendant for attorney’s fees actually and reasonably incurred by the defendant in defending against such action.

History

Code 1981, § 10-1-702, enacted by Ga.

L. 1986, p. 884, § 1; Ga. L. 1992, p. 1320, § 2.

Notes of Decisions

Cited in 3 cases, 1999–2004 · leading case: Stover v. Candle Corp. of Am., 520 S.E.2d 7 (Ga. Ct. App. 1999).

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Stover v. Candle Corp. of Am., 520 S.E.2d 7 (Ga. Ct. App. 1999). · cites it 4× “Stover claimed CCA did not pay him all the commissions due him within 30 days of the date of the termination of the employment agreement as required by OCGA § 10-1-702. 1. In Stover’s first enumeration of error he argues the trial court erred in granting CCA’s motion in limine…”

Godinger Silver Art Co. v. Olde Atlanta Mktg., Inc., 604 S.E.2d 212 (Ga. Ct. App. 2004). · cites it 2× “Pursuant to OCGA § 10-1-702 (b), the trial court also awarded OAM exemplary damages of $57,602.”

Harris Corp. v. Giesting & Assocs., 297 F.3d 1270 (11th Cir. 2002). “fraud, gross negligence, or oppressiveness, here the statutes specifically deal with contracts and commissions, and clearly delineate the type of damages and attorney’s fees allowed, and under what circumstances they may be awarded.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.