O.C.G.A.
O.C.G.A.

O.C.G.A. § 15-19-15 (2019)

Satisfaction of liens

✓ 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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Liens of attorneys at law in possession of personal property under a lien for fees shall be satisfied according to Code Section 44-14-550.

History

(Ga. L. 1873, p. 42, § 17; Code 1873, § 1992; Ga. L. 1880-81, p. 63, § 4; Code 1882, § 1992; Civil Code 1895, § 2818; Civil Code 1910, § 3368; Code 1933, § 9-614.)

Annotations

JUDICIAL DECISIONS

Forfeiture of lien. - If, as a result of plaintiffs' assertion of an attorneys' fee lien, plaintiffs came into possession of several checks made jointly payable to plaintiffs and defendant and, notwithstanding defendant's written demand for those checks, plaintiffs retained possession of those checks and subsequent ones, not instituting foreclosure proceedings within ten days of holding personal property belonging to the defendant, plaintiffs failed to comply with the explicit terms of O.C.G.A. § 15-19-15; thus, forfeiture and cancellation of the lien was proper. Ellis, Funk, Goldberg, Labovitz & Dockson v. Kleinberger, 235 Ga. App. 360, 509 S.E.2d 660 (1998).

RESEARCH REFERENCES

Am. Jur. 2d. - 7 Am. Jur. 2d, Attorneys at Law, § 333 et seq.

C.J.S. - 7A C.J.S., Attorney and Client, § 221.

ALR. - Attorney's lien on papers or securities that come into his possession otherwise than in his professional capacity, 2 A.L.R. 1488.

Substitution by court of security for attorneys' lien, 33 A.L.R. 1296.

Attorneys' lien as subject to set-off against judgment, 34 A.L.R. 323; 51 A.L.R. 1268.

Right of attorney rendering service to personal representative or testamentary trustee to equitable substitution or subrogation to the latter's right against the estate in respect of such services, 100 A.L.R. 72.

Means of enforcing or making effective attorney's retaining lien, 111 A.L.R. 487.

Statute relating to attorney's lien as affecting common law or equitable lien, 120 A.L.R. 1243.

Constitutionality of statute which by express terms or construction declares that attorneys' liens shall not be affected by settlement or compromise between the parties, 122 A.L.R. 974.

Terms of attorney's contingent-fee contract as creating an equitable lien in his favor, 143 A.L.R. 204.

Funds in hands of his attorney as subject of attachment or garnishment by client's creditor, 35 A.L.R.3d 1094.

Amount of attorneys' compensation in absence of contract or statute fixing amount, 57 A.L.R.3d 475.

Amount of attorneys' compensation in matters involving guardianship and trusts, 57 A.L.R.3d 550.

Amount of attorneys' fees in tort actions, 57 A.L.R.3d 584; 86 A.L.R. Fed. 866.

Limitation to quantum meruit recovery, where attorney employed under contingent fee contract is discharged without cause, 92 A.L.R.3d 690.

Attorney's retaining lien as affected by action to collect legal fees, 45 A.L.R.4th 198.

Calculations of attorneys' fees under Federal Tort Claims Act--28 USCS sec. 2678, 86 A.L.R. Fed. 866.

Notes of Decisions
Cited in 3 cases, 1998–2002 · leading case: Ellis, Funk, Goldberg, Labovitz & Dokson, P.C. v. Kleinberger, 509 S.E.2d 660 (Ga. Ct. App. 1998).
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Ellis, Funk, Goldberg, Labovitz & Dokson, P.C. v. Kleinberger, 509 S.E.2d 660 (Ga. Ct. App. 1998). · cites it 8× “The court rejected EFGL&D’s argument that because EFGL&D had *361 asserted its attorneys’ lien under OCGA § 15-19-14 (b), it did not need to foreclose its lien under OCGA § 15-19-15. Finding that EFGL&D failed to comply with the express terms of OCGA § 15-19-15 to enforce its…”
Hill v. Centennial/Ashton Props. Corp., 561 S.E.2d 853 (Ga. Ct. App. 2002). · cites it 4× ““The legislature enacted a bright line rule that liens of attorneys at law in possession of personal property under a lien for fees pursuant to OCGA § 15-19-15 shall be satisfied according to Code Section 44-14-550.”
Jones v. Wellon, 514 S.E.2d 880 (Ga. Ct. App. 1999). · cites it 4× ““The legislature enacted a bright line rule that ‘(l)iens of attorneys at law in possession of personal property under a lien for fees [pursuant to OCGA § 15-19-15] shall be satisfied according to Code Section 44-14-550.”
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.