Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 42-12-4 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 42-12-4 Case Law from Google Scholar Amendments to OCGA 42-12-4

TITLE 42 PENAL INSTITUTIONS

Section 12. Prison Litigation Reform, 42-12-1 through 42-12-9.

ARTICLE 5 FEES

42-12-4. Payment from prisoner's inmate account for costs and fees of action commenced by prisoner.

The following provisions shall apply when an indigent prisoner commences an action:

  1. The indigent prisoner shall pay the current balance of funds in the prisoner's inmate account;
  2. The clerk of court shall notify the superintendent of the institution in which the prisoner is incarcerated that an action has been filed. Notice to the superintendent shall include:
    1. The prisoner's name, inmate number, and civil action number; and
    2. The amount of the court costs and fees due and payable;
  3. Upon notification by the clerk of court that an indigent prisoner has commenced an action, the superintendent shall:
    1. Immediately freeze the prisoner's inmate account; and
    2. Order that all moneys deposited into the prisoner's inmate account be forwarded to the clerk until all court costs and fees are satisfied, whereupon the freezing of the account shall be terminated.

(Code 1981, §42-12-4, enacted by Ga. L. 1996, p. 400, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1996, "superintendent" was substituted for "superintendant" in the second sentence of paragraph (2).

Cases Citing O.C.G.A. § 42-12-4

Total Results: 2  |  Sort by: Relevance  |  Newest First

Copy

Jones v. Townsend, 480 S.E.2d 24 (Ga. 1997).

Cited 190 times | Published | Supreme Court of Georgia | Feb 3, 1997 | 267 Ga. 489, 97 Fulton County D. Rep. 354

...nacted the Prison Litigation Reform Act during its 1996 session. [2] To rectify the perceived imbalances in the judicial *25 system toward which the Act was directed, the legislature provided procedures for monitoring prisoner litigation (see OCGA §§ 42-12-4 & 42-12-9) and placed certain burdens on prisoners seeking to conduct civil litigation. [3] See OCGA §§ 42-12-4 through 42-12-8....
Copy

Brown v. Crawford, 715 S.E.2d 132 (Ga. 2011).

Cited 11 times | Published | Supreme Court of Georgia | Sep 12, 2011 | 289 Ga. 722

...suits "by prisoners who view litigation as a recreational exercise." OCGA § 42-12-2; Ga. L.1996, pp. 400, 401, § 1. The legislature created several control mechanisms in the Act, including "procedures for monitoring prisoner litigation (see OCGA §§ 42-12-4 & 42-12-9) and [the placement of] certain burdens on prisoners seeking to conduct civil litigation. See OCGA §§ 42-12-4 through 42-12-8." Jones v....
...The amended OCGA § 42-12-3(1) reads as follows: As used in this chapter, the term: (1) "Action" means any civil lawsuit, action, or proceeding, including an appeal, filed by a prisoner but shall not include an appeal of a criminal proceeding; provided, however, that the provisions of Code Sections 42-12-4 through 42-12-7 shall not apply to petitions for writ of habeas corpus. Ga. L.1999, p. 847, § 1. Pursuant to this amendment, a prisoner who files a petition for writ of habeas corpus now must abide by all procedures in the Act except for OCGA §§ 42-12-4 through 42-12-7 but including OCGA § 42-12-8....