O.C.G.A.

O.C.G.A. § 10-6-101 (2019)

Right to restitution from bond; agent’s civil liability or criminal responsibility to patron not affected

✓ 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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Failure of any such agent to pay over moneys in accordance with lawful instructions or agreement shall entitle the third party to whom payment should have been made to restitution of moneys entrusted and not so paid over from such posted bond to the extent of the amount thereof; provided, however, that no payment on bond made in accordance with this article shall relieve any agent of any civil liability to the patron for sums misappropriated or not properly paid over or of any criminal liability for fraud, theft, conversion, breach of fiduciary duty, or other offense.

History

Code 1933, § 84-6902, enacted by Ga. L. 1976, p. 558, § 2.

Annotations

RESEARCH REFERENCES C.J.S. 2A C.J.S., Agency, § 373 et seq. ALR. Check on bank as payment of debts held by bank for collection, 18 A.L.R. 537; 65 A.L.R. 1151. Liability of principal for amount of fraudulent excess collection by agent, 46 A.L.R. 1212.

Embezzlement by independent collector or collection agency working on commission or percentage, 56 A.L.R.2d 1156. Liability of collection agency for failure to pursue claim, 76 A.L.R.2d 1155. Method employed in collecting debt due client as ground for disciplinary action against attorney, 93 A.L.R.3d 880.