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2018 Georgia Code 36-11-5 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-11-5 Case Law from Google Scholar Amendments to OCGA 36-11-5

TITLE 36 LOCAL GOVERNMENT

Section 11. Claims Against Counties, 36-11-1 through 36-11-7.

ARTICLE 2 COUNTY GOVERNING AUTHORITIES

36-11-5. Interest on orders presented and not paid.

  1. On December 1 of each year, the county treasurer and the county governing authority shall together make an entry of all orders entitled to payment which were not so presented for payment and what orders not of equal dignity have been paid instead, in whole or in part, and what other orders are entitled to payment before such nonpresented orders. Persons holding such orders who present them without receiving payment before such day may have the treasurer annually mark thereon "Presented," the day of presentation, and that they were not paid for want of funds. Such county orders, when legally issued and duly presented, as provided in this Code section, and not paid for want of funds, shall bear interest at such rate as may be prescribed by the county governing authority, by resolution duly adopted and entered upon the minutes of the county governing authority, which rate of interest shall in no event be more than 7 percent per annum from date of entry of presentation and nonpayment for want of funds. The rate so fixed shall be plainly written or printed upon the face of the order. However, interest shall not be paid on such warrant or warrants after July 1 following the year in which they were presented unless the warrant or warrants are again presented and payment is refused for want of funds. The treasurer or keeper of county funds shall endorse on the warrant the words "Presented for payment; no funds on hand with which to pay same. This the ________ day of ________________________, ______."
  2. Any county order issued by any county governing authority shall bear interest at the rate specified by resolution at the time of the issuance of the order, as provided in this Code section. The rate of interest which the warrant shall thereafter bear shall not be changed or affected by any subsequent resolution or change of rate of interest that may be adopted thereafter by the county governing authority; rather the warrant shall bear the rate of interest written or printed upon the face of the order and established by the county governing authority at the time of the issuance thereof.

(Orig. Code 1863, § 533; Code 1868, § 597; Code 1873, § 508; Code 1882, § 508; Civil Code 1895, § 466; Civil Code 1910, § 582; Ga. L. 1920, p. 65, § 1; Code 1933, § 23-1608; Ga. L. 1935, p. 110, §§ 1, 2; Ga. L. 1999, p. 81, § 36.)

JUDICIAL DECISIONS

Sections 7-4-2 and 7-4-15 not repealed and construed in pari materia.

- Former Code 1933, § 23-1604 et seq. (see O.C.G.A. § 36-11-3 et seq.) did not expressly or by necessary implication repeal former Code 1933, §§ 57-101 and 57-110 (see O.C.G.A. §§ 7-4-2 and7-4-15). The statutes all were to be considered together, and when so considered, the sections first mentioned contemplate administrative action by the county officers in regard to the order in which lawful county orders shall be paid. Marion County v. First Nat'l Bank, 193 Ga. 263, 18 S.E.2d 475 (1942).

Compliance with section.

- Former Code 1933, § 23-1608 (see O.C.G.A. § 36-11-5) was substantially complied with by an endorsement upon the order by a designated county officer as follows: "presented for payment" on a named date - "insf. funds," meaning insufficient funds; and this was true notwithstanding it was provided by former Code 1933, §§ 23-1604 and 23-1607 (see O.C.G.A. § 36-11-4), "when there is not enough to pay all [county orders] of equal degree, they shall be paid ratably." Candler v. W.A. Neal & Son, 46 Ga. App. 625, 168 S.E. 265 (1933), aff'd, 180 Ga. 89, 178 S.E. 285 (1935).

When interest begins.

- County warrants do not bear interest, unless the warrants are presented for payment and payment is not made for want of funds, and an entry of such presentation and such nonpayment is made by the county treasurer on the warrant, with the date of presentation. When the above requirements are complied with, such warrants bear interest from the date of entry of such presentation and nonpayment until the first day of July of the year following in which such entry is made. Americus Grocery Co. v. Pitts Banking Co., 169 Ga. 70, 149 S.E. 776 (1929).

Former Code 1933, § 23-1608 (see O.C.G.A. § 36-11-5) assumed that the county treasurer would pay the warrant when payment was demanded, and if the treasurer failed to pay, contemplated that interest would run in virtue of former Code 1933, §§ 57-101 and 57-110 (see O.C.G.A. §§ 7-4-2 and7-4-15) from the date of the demand. Marion County v. First Nat'l Bank, 193 Ga. 263, 18 S.E.2d 475 (1942).

Interest if funds available.

- Provision in former Code 1933, § 23-1608 (see O.C.G.A. § 36-11-5) that county orders when legally issued and duly presented as therein provided "and not paid for want of funds, shall bear interest" if endorsed by the treasurer as set forth, did not mean that interest allowed generally on liquidated demands as under former Code 1933, §§ 57-101 and 57-110 (see O.C.G.A. §§ 7-4-2 and7-4-15), would be disallowed if sufficient available funds were in hand to pay the warrant. Marion County v. First Nat'l Bank, 193 Ga. 263, 18 S.E.2d 475 (1942).

Recovery of full value of instrument.

- In a suit by the endorsee against the endorser to recover upon the contract of endorsement, the plaintiff is entitled to recover the full face value of the order with any interest legally due thereon as provided in this section. Candler v. W.A. Neal & Son, 46 Ga. App. 625, 168 S.E. 265 (1933), aff'd, 180 Ga. 89, 178 S.E. 285 (1935) (see O.C.G.A. § 36-11-5).

Treasurer cannot go behind judgment.

- Order drawn by the ordinary (now judge of the probate court) of a county on the treasurer for the payment of a debt due by the county is evidence of an adjudication by the ordinary (now judge of the probate court) that the amount stated in the order is due; and the treasurer cannot go behind this judgment, except for fraud or mistake as to the amount of the indebtedness. Thompson v. Shurling, 184 Ga. 836, 193 S.E. 880 (1937).

Duty of treasurer when payment refused.

- Under this section, an official duty of a county treasurer, to whom a regularly issued warrant drawn by the ordinary (now judge of the probate court) having control of the finances of the county is presented for payment, when payment is refused, is to make the entry on the warrant prescribed by the statute. Thompson v. Shurling, 184 Ga. 836, 193 S.E. 880 (1937) (see O.C.G.A. § 36-11-5).

Orders drawn upon nonexistent funds.

- This section clearly contemplates the existence of county orders drawn upon funds not in esse, and the warrants are not for that reason illegal. Walker v. Stephens, 175 Ga. 405, 165 S.E. 99 (1932) (see O.C.G.A. § 36-11-5).

Mandamus.

- Court did not err in granting mandamus absolute requiring county treasurer to make entry on a county warrant issued by the ordinary (now judge of the probate court) in favor of petitioner indicating that the warrant was prevented and not paid for by lack of funds. Thompson v. Shurling, 184 Ga. 836, 193 S.E. 880 (1937).

Cited in Hartley v. Nash, 157 Ga. 402, 121 S.E. 295 (1924).

RESEARCH REFERENCES

C.J.S.

- 20 C.J.S., Counties, § 405.

No results found for Georgia Code 36-11-5.