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O.C.G.A. § 10-6-101 — Right to restitution from bond; agent's civil liability or criminal responsibility to patron not affected | Georgia Code
O.C.G.A. § 10-6-101 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 10 COMMERCE AND TRADE

Section 6. Agency, 10-6-1 through 10-6-142.

ARTICLE 5 AGENTS RECEIVING MONEYS FOR THIRD PERSONS

10-6-101. Right to restitution from bond; agent's civil liability or criminal responsibility to patron not affected.

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.

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

RESEARCH REFERENCES

C.J.S.

- 2A C.J.S., Agency, § 375 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.

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This Georgia Code resource is curated by Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.