O.C.G.A.

O.C.G.A. § 17-14-17 (2019)

Voidable transfers

✓ 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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(a) The state or the victim of a crime may institute an action against an offender pursuant to Article 4 of Chapter 2 of Title 18, the ‘‘Uniform Voidable Transactions Act,’’ to set aside a transfer of real, personal, or other property made voluntarily by the offender on or after the date of the crime committed by the offender against the victim with the intent to:

(1) Conceal the crime or the fruits of the crime;

(2) Hinder, delay, or defraud any victim; or

(3) Avoid the payment of restitution.

(b) Any such action shall be filed within four years of the date the crime was committed.

History

Code 1981, § 17-14-17, enacted by Ga. L. 1998, p. 549, § 1; Ga. L. 2005, p. 88, § 5/HB 172; Ga. L. 2015, p. 996, § 4B-2/SB 65.

Annotations

Editor’s notes. - Ga. L. 1998, p. 549, § 2, not codified by the General Assembly, provided in part that this Code section is applicable to convictions entered on or after July 1, 1998. Ga. L. 2005, p. 88, § 1/HB 172, not codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as the ‘Crime Victims Restitution Act of 2005.’ ’’ Ga. L. 2015, p. 996, § 1-1/SB 65, not codified by the General Assembly, provides: ‘‘(a) This Act shall be known and may be

cited as the ‘Debtor-Creditor Uniform Law Modernization Act of 2015.’ ‘‘(b) To promote consistency among the states, it is the intent of the General Assembly to modernize certain existing uniform laws promulgated by the Uniform Law Commission affecting debtor and creditor rights, responsibilities, and relationships and other federally recognized laws affecting such rights, responsibilities, and relationships.’’ Ga. L. 2015, p. 996, § 7-1/SB 65, not codified by the General Assembly, provides, in part: ‘‘Part 2 of this Act shall apply to all actions filed on or after July 1, 2015, in which the recognition of a foreign country judgment is raised.’’

Notes of Decisions

Cited in 1 case, 1998–1998 · leading case: Crozier v. State, 506 S.E.2d 139 (Ga. Ct. App. 1998).

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Crozier v. State, 506 S.E.2d 139 (Ga. Ct. App. 1998). · cites it 2× “” We note, however, that OCGA § 17-14-17 (a) (2), effective July 1, 1998 but not applicable to convictions entered before that date, has changed the definition of “victim” for purposes of “restitution equal to the unreimbursed or uncompensated portion of victim’s damages” to…”

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.