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2018 Georgia Code 44-12-224 | Car Wreck Lawyer

TITLE 44 PROPERTY

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

ARTICLE 5 DISPOSITION OF UNCLAIMED PROPERTY

44-12-224. Agreement and fees for recovery or assistance in recovery of property reported and delivered to commissioner.

  1. All agreements to pay compensation to recover or assist in the recovery of property reported and delivered to the commissioner under this article shall be unenforceable for 24 months after the date of payment or the delivery of property to the commissioner.
  2. The fees charged by any person, firm, or corporation to recover or assist in the recovery for and on behalf of a claimant of property reported and delivered to the commissioner under this article shall not exceed 10 percent of the value of the property recovered.All funds or property located by a person to be compensated by the payment of such a fee shall be paid or delivered directly to the owner and may not be paid or delivered to the person to receive the fee whether pursuant to a duly executed power of attorney or otherwise.

(Code 1981, §44-12-224, enacted by Ga. L. 1990, p. 1506, § 1.)

JUDICIAL DECISIONS

Cap on compensation.

- Court capped asset recovery specialist's compensation at 10% of the $65,000 recovered by the bankruptcy trustee pursuant to O.C.G.A. § 44-12-224(b). Blocksom v. Brown (In re Brown), 555 Bankr. 854 (Bankr. S.D. Ga. 2016).

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