O.C.G.A.

O.C.G.A. § 44-12-196 (2019)

When instruments on which banking or financial organization directly liable presumed abandoned; service charges

✓ 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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Any sum payable on a check, draft, or similar instrument, except money orders, traveler’s checks, and other similar instruments subject to Code Section 44-12-195, on which a banking or financial organization is directly liable, including but not limited to, cashier’s checks and certified checks, which has been outstanding for more than five years after it was payable or after its issuance if payable on demand, is presumed abandoned unless the owner, within five years, has communicated in writing with the banking or financial organization concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization. Except for charges imposed with respect to issuance, no banking or financial organization shall deduct a service charge from, or otherwise impose a service charge on, any instrument described in this Code section unless such instrument is not presented for payment within two years of the date of issuance. Service charges may be imposed for each month of the 12 months following such two-year period.

History

Code 1981, § 44-12-196, enacted by Ga.

L. 1990, p. 1506, § 1; Ga. L. 1992, p. 1237, § 2; Ga. L. 1995, p. 1368, § 1.

Annotations

JUDICIAL DECISIONS “Lawful charges” against dormant checks, money order, and drafts. - O.C.G.A. § 7-1-358 and a related regulation do not allow assessment of service charges only against dormant deposit accounts; thus, charges against dormant checks, money orders, and drafts qualified as “lawful charges” and were properly

withheld from the Department of Revenue when funds were remitted under the Unclaimed Property Act, O.C.G.A. § 44-12190 et seq. First Union Nat’l Bank v. Collins, 221 Ga. App. 442, 471 S.E.2d 892, 1996 Ga. App. LEXIS 389 (1996), cert. denied, No. S96C1460, 1996 Ga. LEXIS 958 (Ga. Sept. 5, 1996).

Notes of Decisions
Cited in 1 case, 1996–1996 · leading case: First Union Nat. Bank of Ga v. Collins, 471 S.E.2d 892 (Ga. Ct. App. 1996).
First Union Nat. Bank of Ga v. Collins, 471 S.E.2d 892 (Ga. Ct. App. 1996). · cites it 5× “Section 5 of the Uniform Act, applicable to certified checks and drafts, was enacted as OCGA § 44-12-196. Sections 4 and 5 of the Uniform Act contained provisions prohibiting banks and other holders from deducting “any charge imposed by reason of the failure to present the…”
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.