O.C.G.A.

O.C.G.A. § 13-4-41 (2019)

Payment by mail

✓ 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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Payment by mail shall be made at the risk of the debtor unless done by direction, either express or implied, of the creditor or his agent.

History

(Orig. Code 1863, § 2807; Code 1868, § 2815; Code 1873, § 2866; Code 1882, § 2866; Civil Code 1895, § 3719; Civil Code 1910, § 4313; Code 1933, § 20-1003.)

Annotations

JUDICIAL DECISIONS Section refers to remittance of coin or currency which constitutes legal tender and recognizes right of party to remit money by mail to one’s creditor in payment of debt. McIntire v. Raskin, 173 Ga. 746, 161 S.E. 363 (1931). To protect oneself, one remitting payment by mail must show express authorization or business usage. - For debtor to protect oneself against loss, by remitting money to one’s creditor by mail the debtor must show either express authority of creditor to send in that mode, or usage to that effect in business, from which creditor’s authority may be inferred. Illinois Life Ins. Co. v.

McKay, 6 Ga. App. 285, 64 S.E. 1131 (1909); McIntire v. Raskin, 173 Ga. 746, 161 S.E. 363 (1931). Tenant who mails rent accepts the risks. - Under O.C.G.A. § 13-4-41, a tenant, who mailed the tenant’s rent payment to the landlord, accepted the risks attendant thereto, including not only the risk of non-delivery, but all potential risks, including the risk of nonacceptance by the landlord due to contract or course of dealing. Baker v. Hous. Auth. of Waynesboro, 268 Ga. App. 122, 601 S.E.2d 350 (2004). Checks given in payment of debt or obligation do not constitute payment until them-

selves paid. Salzburger Bank v. Standard Oil Co., 173 Ga. 722, 161 S.E. 584 (1931). Cited in Parker v. American Family Recre-

ation Center, Inc., 229 Ga. 633, 193 S.E.2d 830 (1972).

RESEARCH REFERENCES Am. Jur. 2d. - 60 Am. Jur. 2d, Payment, §§ 10, 118. C.J.S. - 70 C.J.S., Payment, §§ 9, 107 et seq.

ALR. - Request to remit as authorizing payment by post, 2 ALR 1646. Deposit of insurance dues in mail as payment preventing forfeiture, 47 ALR 886.

Notes of Decisions

Cited in 2 cases, 1987–2004 · leading case: Baker v. Hous. Auth., 601 S.E.2d 350 (Ga. Ct. App. 2004).

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Baker v. Hous. Auth., 601 S.E.2d 350 (Ga. Ct. App. 2004). · cites it 2× “6 Pursuant to OCGA§ 13-4-41, the debtor who nevertheless chooses to render payment by mail accepts the risks attendant thereto.”

Anderson v. Ocean Garden Prods., Inc. (In Re Metro Produce, Inc.), 80 B.R. 570 (Bankr. N.D. Ga. 1987). · cites it 2× “Section 13-4-41, and stated, “[w]hile ordinarily payment by mail is at the risk of the sender, yet, where a creditor or his agent either expressly or impliedly authorizes the use of the mails for the making of payments due on the debt, the risk of non-delivery is upon the…”

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.