O.C.G.A.
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.
As used in this part, the term:
(1) “Month” means that period of time from one date in a calendar month to the corresponding date in the following calendar month, but if there is no such corresponding date, then the last day of such following month.
(2) “Pawnbroker” means any person engaged in whole or in part in the business of lending money on the security of pledged goods, or in the business of purchasing tangible personal property on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time, or in the business of purchasing tangible personal property from persons or sources other than manufacturers or licensed dealers as a part of or in conjunction with the business activities described in this paragraph.
(3) “Pawn transaction” means any loan on the security of pledged goods or any purchase of pledged goods on the condition that the pledged goods may be redeemed or repurchased by the pledgor or seller for a fixed price within a fixed period of time.
(4) “Person” means an individual, partnership, corporation, joint venture, trust, association, or any other legal entity however organized.
(5) “Pledged goods” means tangible personal property, including, without limitation, all types of motor vehicles or any motor vehicle certificate of title, which property is purchased by, deposited with, or otherwise actually delivered into the possession of a pawnbroker in connection with a pawn transaction. However, for purposes of this Code section, possession of any motor vehicle certificate of title which has come into the possession of a pawnbroker through a pawn transaction made in accordance with law shall be conclusively deemed to be possession of the motor vehicle, and the pawnbroker shall retain physical possession of the motor vehicle certificate of title for the entire length of the pawn transaction but shall not be required in any way to retain physical possession of the motor vehicle at any time. “Pledged goods” shall not include choses in action, securities, or printed evidences of indebtedness.
History
Ga. L. 1977, p. 1194, § 1; Ga. L. 1989, p. 819, § 1; Ga. L. 1992, p. 3245, §§ 1, 2.
Annotations
Law reviews. - For annual survey of local government law, see 57 Mercer L. Rev. 289 (2005).
For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 323 (1992).
JUDICIAL DECISIONS
Construction with §§ 44-12-131 and 44-12-137. - In resolving a statutory conflict between O.C.G.A. §§ 44-12-130(1) and 44-12-137(a)(7) with respect to the one-month duration for a pawn transaction and O.C.G.A. § 44-12-131(a)(1) which required a duration of 30 days, it was determined that the criminal penalty in § 44-12-137(a)(7) was inapplicable to a customer's pawn transaction that satisfied the 30-day requirement of § 44-12-131(a)(1); the customer's action against the pawnbroker based on an illegal duration accordingly failed. Marshall v. Speedee Cash, 292 Ga. App. 790, 665 S.E.2d 888 (2008).
Pawnbroker's right to self-help. - Although O.C.G.A. §§ 44-12-130(5) and 44-12-131(a)(3) grant the pawnbroker the right to self-help repossession upon default without the necessity of filing a lien, this remedy is intended to apply to the defaulting pledgor, not a bona fide purchaser for value with no notice of the pawnbroker's claim. Cobb Ctr. Pawn & Jewelry Brokers, Inc. v. Gordon, 242 Ga. App. 73, 529 S.E.2d 138 (2000).
Debtor without interest in property not redeemed from pawnbroker. - The automatic stay did not apply to a pawnbroker as: (1) the debtor filed a 2016 case one day before the redemption period for a title pawn transaction expired, and the redemption period was extended to 60 days from the petition date; (2) the debtor failed to redeem the vehicle when the redemption period expired and on the redemption date, the vehicle belonged to the pawnbroker and the debtor's ownership interest in the vehicle was automatically extinguished; (3) the debtor had no interest in the vehicle when the 2018 bankruptcy case was filed that could become property of the bankruptcy estate; and (4) the 2018 Chapter 13 Plan's treatment of the vehicle as the debtor's property was immaterial as the redemption period had expired pre-petition and the vehicle belonged to the pawnbroker. TitleMax of Georgia, Inc. v. Thorpe (In re Thorpe), Bankr. (Bankr. S.D. Ga. Mar. 29, 2019).
County ordinance not in conflict. - Since the stated purpose of Gwinnett County, Ga., Ord. No. 82-11 was to impede the sale of stolen property, and its requirements were designed to achieve that end, it was a proper use of the county's police power, and was not in conflict with O.C.G.A. § 44-12-130 et seq. Pawnmart, Inc. v. Gwinnett County, 279 Ga. 19, 608 S.E.2d 639 (2005).
Cited in Bell v. Instant Car Title Loans (In re Bell), 279 Bankr. 890 (Bankr. N.D. Ga. 2002); In re Chastagner, 498 Bankr. 376 (Bankr. S.D. Ga. 2013).
RESEARCH REFERENCES
Am. Jur. 2d. - 54 Am. Jur. 2d, Moneylenders and Pawnbrokers, §§ 6, 7.
C.J.S. - 70 C.J.S., Pawnbrokers, § 2.
ALR. - Validity of statutes, ordinances, and regulations governing pawn shops, 16 A.L.R.6th 219.
Notes of Decisions
Cited in
26
cases (
4 in the last 5 years), 1998–2024 · leading case:
Glinton v. & R, INC., 524 S.E.2d 481 (Ga. 1999).
Glinton v. & R, INC., 524 S.E.2d 481 (Ga. 1999).
· cites it 38× “Can the statutory scheme regulating pawnbrokers, be read harmoniously with the criminal usury statute, OCGA § 7-4-18, so that both apply to "pawn transactions" as defined in OCGA § 44-12-130(3), or are such transactions meant to be governed exclusively by OCGA § 44-12-130, 131?…”
Moore v. Complete Cash Holdings, LLC (In Re Moore), 448 B.R. 93 (Bankr. N.D. Ga. 2011).
· cites it 8× “” O.C.G.A. § 44-12-130(3). Although a pawn transaction traditionally requires a pawnbroker to have possession of the pledged property, Georgia law permits a borrower 4 to pledge a motor vehicle by providing that the pawnbroker’s possession of the vehicle’s certificate of title…”
In re Howard, 507 B.R. 394 (Bankr. N.D. Ga. 2014).
· cites it 12× “§ 44-12-130 defines a “pawn transaction” as “any loan on the security of pledged goods or any purchase of pledged goods on the condition that the pledged goods may be redeemed or repurchased by the pledgor or seller for a fixed price within a fixed period of time.”
Marshall v. Speedee Cash of Georgia, 665 S.E.2d 888 (Ga. Ct. App. 2008).
· cites it 12× “) OCGA § 44-12-130 (1) defines the term “month” as “that period of time from one date in a calendar month to the correspond *791 ing date in the following calendar month, but if there is no such corresponding date, then the last day of such following month.”
Spinner v. Cash in a Hurry, LLC (In Re Spinner), 398 B.R. 84 (Bankr. N.D. Ga. 2008).
· cites it 6× “§ 44-12-130(3) defines a pawn transaction as “any loan on the security of pledged goods or any purchase of pledged goods on the condition that the pledged goods may be redeemed or repurchased by the pledgor or seller for a fixed price *93 within a fixed period of time”.”
Bell v. Instant Car Title Loans (In Re Bell), 279 B.R. 890 (Bankr. N.D. Ga. 2002).
· cites it 6× “§ 44-14-403 deals with the pawnbroker’s lien rights, the borrower’s right to redeem the pawned property, and the forfeiture of the pawned property to the pawnbroker upon the borrower’s failure to redeem it within the specified grace period.”
Title Max v. Hurst (In re Wilber), 551 B.R. 542 (Bankr. M.D. Ga. 2016).
· cites it 4× “The pawn transaction between the parties was a true pawn transaction as defined by O.C.G.A. § 44-12-130(3). Pursuant to the pawn transaction, the Debtor had no obligation to repay the money advanced by Title Max, redeem the vehicle, or repurchase the vehicle at a stipulated…”
Pawnmart, Inc. v. Gwinnett Cnty., 608 S.E.2d 639 (Ga. 2005).
· cites it 4× “In the present case, OCGA §§ 44-12-130 through 44-12-138 are *20 general laws regulating Georgia pawnbrokers.”
Max v. Northington, 559 B.R. 542 (Bankr. M.D. Ga. 2016).
· cites it 4× “The transaction was a “pawn transaction” within the mean-ing of O.C.G.A. § 44-12-130(3). Id. Under the pawn transaction, Northington deliv-ered the certificate of title on his 2006 Toyota Avalon to Title Max in exchange for a cash advance of $5,253.”
Hooks v. Cobb Ctr. Pawn & Jewelry Brokers, Inc., 527 S.E.2d 566 (Ga. Ct. App. 1999).
· cites it 4× “17 (c) (3) (iii) (creditor may disregard effect of differing numbers of days in the months of year when making calculations and disclosures) and OCGA § 44-12-130 (“month” defined as that period of time from one date in a calendar month to corresponding date in following calendar…”
In re Chastagner, 498 B.R. 376 (Bankr. S.D. Ga. 2013).
· cites it 8× “81 (which is the cost to the seller or pled-gor to redeem the merchandise in this period of the transaction), delivery to us of the motor vehicle’s certificate of title, and agreement to pay all the fees, sums, interest, charges and amounts pursuant to O.C.G.A. § 44-12-130 et…”
Mack v. Georgia Auto Pawn, Inc., 585 S.E.2d 661 (Ga. Ct. App. 2003).
· cites it 4× “This appeal concerns the application of the statutory ante litem notice provisions of the Georgia Pawnshop Act, OCGA § 44-12-130 et seq., to an attempted class action.”
44-12-130(2): 2 cases
44-12-130(3): 15 cases
Moore v. Complete Cash Holdings, LLC (In Re Moore), 448 B.R. 93 (Bankr. N.D. Ga. 2011).
“” O.C.G.A. § 44-12-130(3). Although a pawn transaction traditionally requires a pawnbroker to have possession of the pledged property, Georgia law permits a borrower 4 to pledge a motor vehicle by providing that the pawnbroker’s possession of the vehicle’s certificate of title…”
Title Max v. Hurst (In re Wilber), 551 B.R. 542 (Bankr. M.D. Ga. 2016).
“The pawn transaction between the parties was a true pawn transaction as defined by O.C.G.A. § 44-12-130(3). Pursuant to the pawn transaction, the Debtor had no obligation to repay the money advanced by Title Max, redeem the vehicle, or repurchase the vehicle at a stipulated…”
Glinton v. & R, INC., 524 S.E.2d 481 (Ga. 1999).
“Can the statutory scheme regulating pawnbrokers, be read harmoniously with the criminal usury statute, OCGA § 7-4-18, so that both apply to "pawn transactions" as defined in OCGA § 44-12-130(3), or are such transactions meant to be governed exclusively by OCGA § 44-12-130, 131?…”
Max v. Northington, 559 B.R. 542 (Bankr. M.D. Ga. 2016).
“The transaction was a “pawn transaction” within the mean-ing of O.C.G.A. § 44-12-130(3). Id. Under the pawn transaction, Northington deliv-ered the certificate of title on his 2006 Toyota Avalon to Title Max in exchange for a cash advance of $5,253.”
Spinner v. Cash in a Hurry, LLC (In Re Spinner), 398 B.R. 84 (Bankr. N.D. Ga. 2008).
“§ 44-12-130(3) defines a pawn transaction as “any loan on the security of pledged goods or any purchase of pledged goods on the condition that the pledged goods may be redeemed or repurchased by the pledgor or seller for a fixed price *93 within a fixed period of time”.”
44-12-130(5): 8 cases
Moore v. Complete Cash Holdings, LLC (In Re Moore), 448 B.R. 93 (Bankr. N.D. Ga. 2011).
“” O.C.G.A. § 44-12-130(3). Although a pawn transaction traditionally requires a pawnbroker to have possession of the pledged property, Georgia law permits a borrower 4 to pledge a motor vehicle by providing that the pawnbroker’s possession of the vehicle’s certificate of title…”
In re Howard, 507 B.R. 394 (Bankr. N.D. Ga. 2014).
“§ 44-12-130 defines a “pawn transaction” as “any loan on the security of pledged goods or any purchase of pledged goods on the condition that the pledged goods may be redeemed or repurchased by the pledgor or seller for a fixed price within a fixed period of time.”
Spinner v. Cash in a Hurry, LLC (In Re Spinner), 398 B.R. 84 (Bankr. N.D. Ga. 2008).
“§ 44-12-130(3) defines a pawn transaction as “any loan on the security of pledged goods or any purchase of pledged goods on the condition that the pledged goods may be redeemed or repurchased by the pledgor or seller for a fixed price *93 within a fixed period of time”.”
Bell v. Instant Car Title Loans (In Re Bell), 279 B.R. 890 (Bankr. N.D. Ga. 2002).
“§ 44-14-403 deals with the pawnbroker’s lien rights, the borrower’s right to redeem the pawned property, and the forfeiture of the pawned property to the pawnbroker upon the borrower’s failure to redeem it within the specified grace period.”
In re Chastagner, 498 B.R. 376 (Bankr. S.D. Ga. 2013).
“81 (which is the cost to the seller or pled-gor to redeem the merchandise in this period of the transaction), delivery to us of the motor vehicle’s certificate of title, and agreement to pay all the fees, sums, interest, charges and amounts pursuant to O.C.G.A. § 44-12-130 et…”
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