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2018 Georgia Code 44-12-194 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-12-194 Case Law from Google Scholar Amendments to OCGA 44-12-194

TITLE 44 PROPERTY

Section 12. Rights in Personalty, 44-12-1 through 44-12-322.

ARTICLE 5 DISPOSITION OF UNCLAIMED PROPERTY

44-12-194. Conditions under which intangible property subject to custody of state as unclaimed property.

Unless otherwise provided in this article or by any other provision of law, intangible property is subject to the custody of this state as unclaimed property if the conditions leading to a presumption of abandonment as described in Code Section 44-12-193 are satisfied and:

  1. The last known address, as shown on the records of the holder, of the apparent owner is in this state;
  2. The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this state;
  3. The records of the holder do not reflect the last known address of the apparent owner, and it is established that:
    1. The last known address of the person entitled to the property is in this state; or
    2. The holder is a domiciliary or a government or governmental subdivision or agency of this state and has not previously paid the property to the state of the last known address of the apparent owner or other person entitled to the property;
  4. The last known address, as shown on the records of the holder, of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property and the holder is a domiciliary or a government or governmental subdivision or agency of this state;
  5. The last known address, as shown on the records of the holder, of the apparent owner is in a foreign nation and the holder is a domiciliary or a government or governmental subdivision or agency of this state; or
  6. The transaction out of which the property arose occurred in this state and:
    1. The last known address of the apparent owner or other person entitled to the property is unknown; or
    2. The last known address of the apparent owner or other person entitled to the property is in a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property; and
    3. The holder is a domiciliary of a state that does not provide by law for the escheat or custodial taking of the property or its escheat or unclaimed property law is not applicable to the property.

(Code 1981, §44-12-194, enacted by Ga. L. 1990, p. 1506, § 1.)

JUDICIAL DECISIONS

No presumption of abandonment.

- Assessment of dormancy fees on gift cards and certificates and refusal to honor them after one year did not violate O.C.G.A. § 44-12-205 of the Georgia Disposition of Unclaimed Property Act (DUPA), O.C.G.A. § 44-12-190 et seq; as the cards and certificates had not been unclaimed by the plaintiffs for more than five years when the complaint was filed, they were not presumed abandoned, and DUPA did not apply. Simon Prop. Group, Inc. v. Benson, 278 Ga. App. 277, 628 S.E.2d 697 (2006), aff'd, remanded, 281 Ga. 744, 642 S.E.2d 687 (2007).

Cases Citing Georgia Code 44-12-194 From Courtlistener.com

Total Results: 1

Benson v. Simon Property Group, Inc.

Court: Supreme Court of Georgia | Date Filed: 2007-03-19

Citation: 281 Ga. 744, 642 S.E.2d 687, 2007 Fulton County D. Rep. 798, 29 A.L.R. 6th 827, 2007 Ga. LEXIS 238

Snippet: by the owner for more than five years. OCGA §§ 44-12-194, 44-12-205 (a). The purpose of the DUPA is not