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2018 Georgia Code 15-21-55 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-21-55 Case Law from Google Scholar Amendments to OCGA 15-21-55

TITLE 15 COURTS

Section 21. Payment and Disposition of Fines and Forfeitures, 15-21-1 through 15-21-209.

ARTICLE 3 LIMITATION PERIOD AND RULES FOR CLAIMS AGAINST FINE AND BOND FORFEITURE FUND

15-21-55. Disposition of funds remaining after claims against fine and bond forfeiture fund paid or barred by limitation.

Any surplus of funds which remain in the hands of the county treasurer or other custodian of the fine and bond forfeiture fund or in the hands of any officer of court or other person as agent or representative of any officer of court after all legal claims against the fund have been paid or are barred by limitation shall be paid over into the general fund of the county treasury to be used by the county for the purpose of paying the expenses of courts, the maintenance and support of prisoners, paying sheriffs and coroners for litigation, and paying all legal demands of clerks of court, prosecuting officers, sheriffs, and other officers of court.

(Ga. L. 1949, p. 1168, § 3; Ga. L. 1984, p. 22, § 15; Ga. L. 2015, p. 693, § 3-33/HB 233.)

The 2015 amendment, effective July 1, 2015, substituted "fine and bond forfeiture fund" for "fine and forfeiture fund" near the beginning of this Code section. See editor's note for applicability.

Editor's notes.

- Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."

Law reviews.

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).

JUDICIAL DECISIONS

Allegation of payment of claims allowed sufficient against motion to dismiss.

- Allegation that "all legal claims on said funds that are due and that have been allowed have been paid in full for bringing the money into court, and there remains in the hands of the defendants" the sum sought by the county is sufficient as against general demurrer (now motion to dismiss) under the provisions of former Code 1933, § 27-2902 (see now O.C.G.A. § 15-21-2). Banks County v. Stark, 88 Ga. App. 368, 77 S.E.2d 33 (1953).

OPINIONS OF THE ATTORNEY GENERAL

Joint construction of statutes warranted.

- Ga. L. 1949, p. 1168, § 3 (see now O.C.G.A. § 15-21-55), which relates to disposition of surplus funds of a fine and forfeiture fund, should be construed in connection with Ga. L. 1949, p. 1168, §§ 2 and 2A (see now O.C.G.A. §§ 15-21-50 and15-21-51) which are the statutes which relate to actions on claims against the funds. 1960-61 Op. Att'y Gen. p. 96.

RESEARCH REFERENCES

C.J.S.

- 36A C.J.S., Fines, § 19. 37 C.J.S., Forfeitures, § 34.

ALR.

- Validity of obligation to pay or secure a fine or penalty, 29 A.L.R. 7.

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