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2018 Georgia Code 44-12-226 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-12-226 Case Law from Google Scholar Amendments to OCGA 44-12-226

TITLE 44 PROPERTY

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

ARTICLE 5 DISPOSITION OF UNCLAIMED PROPERTY

44-12-226. Expiration of limitation specified by contract, statute, or court order not to affect duties required by this article.

The expiration, before or after July 1, 1990, of any period of time specified by contract, statute, or court order during which a claim for money or property can be made or during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or to recover property, does not prevent the money or property from being presumed abandoned nor affect any duty to file a report or to pay or deliver abandoned property to the commissioner as required by this article.

(Code 1981, §44-12-226, 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).

Law governing claims by owners against property holders.

- O.C.G.A. § 44-12-226, which simply ensured that a holder was not relieved of its obligation to deliver abandoned property to the state revenue commissioner, even though an owner's claim for possession against a holder was barred by the statute of limitations, did not provide a basis for the owners of certain gift cards and certificates to bring an action against the holder of the cards and certificates that claimed that the dormancy fees and expiration dates on the cards and certificates violated the Disposition of Unclaimed Property Act, O.C.G.A. Art. 5, Ch. 12, T. 44; the relationship between the owners and the holder was governed by Georgia contract law. Benson v. Simon Prop. Group, Inc., 281 Ga. 744, 642 S.E.2d 687 (2007).

RESEARCH REFERENCES

ALR.

- Regulation of pre-paid stored-value "gift cards", 46 A.L.R.6th 437.

Cases Citing Georgia Code 44-12-226 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: on the State’s claim against a holder. OCGA § 44-12-226; Mayo, supra. The DUPA is also designed to relieve