O.C.G.A.

O.C.G.A. § 44-14-260 (2019)

Definitions

✓ 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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As used in this subpart, the term: (1) “Commercial transaction” means a transaction which gives rise to an obligation to pay for goods sold or leased, services rendered, or moneys loaned for use in the conduct of a business or profession and not for personal consumption. (2) “Consumer transaction” means the sale, lease, or rental of goods, services, or property, real or personal, primarily for personal, family, or household purposes. (3) “Waiver” means a written statement signed by the defendant, which statement contains language clearly and unambiguously waiving any and all rights the defendant may have to a notice prior to seizure by a creditor having an interest in personal property of the defendant. No waiver shall be effective unless the interest sought to be foreclosed upon arose out of a commercial transaction.

History

Code 1933, § 67-718, enacted by Ga. L. 1975, p. 1213, § 3.

Annotations

JUDICIAL DECISIONS Motor home loan consumer transaction. - Because motor homes are generally used for personal purposes rather than commercial ones, the trial court properly concluded that a loan transaction

between original motor home purchaser and bank was a consumer transaction. Washington State Employees Credit Union v. Robinson, 206 Ga. App. 782, 427 S.E.2d 15, 1992 Ga. App. LEXIS 1795

(1992), cert. denied, No. S93C0592, 1993 Ga. LEXIS 301 (Ga. Mar. 19, 1993). RESEARCH REFERENCES Am. Jur. 2d. 68 Am. Jur. 2d, Secured Transactions, §§ 23, 590-606. C.J.S. 14 C.J.S., Chattel Mortgages, § 370.

ALR. Chattel mortgage on property consumable in use, 49 A.L.R. 1495.

Notes of Decisions

Cited in 4 cases, 1992–2017 · leading case: Washington State Employees Credit Union v. Robinson, 427 S.E.2d 15 (Ga. Ct. App. 1992).

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Washington State Employees Credit Union v. Robinson, 427 S.E.2d 15 (Ga. Ct. App. 1992). · cites it 6× “The terms commercial transaction and consumer transaction are defined in OCGA § 44-14-260. “‘Commercial transaction’ means a transaction which gives rise to an obligation to pay for goods sold or leased, services rendered, or moneys loaned for use in the conduct of a business or…”

Gwinnett Cmty. Bank v. Arlington Capital, LLC, 757 S.E.2d 239 (Ga. Ct. App. 2014). · cites it 2× “OCGA § 44-14-260 (found in Chapter 14, which governs “Mortgages, Conveyances to Secure Debt, and Liens”) defines a “commercial transaction” as “a transaction which gives rise to an obligation to pay for goods sold or leased, services rendered, or moneys loaned for use in the…”

Triple C Flatbed Holdings, LLC v. Ryder Truck Rental, Inc. (Ga. Ct. App. 2017). · cites it 2× “See OCGA §§ 44-14-260, 44-14-267. The trial court has not yet conducted any further proceedings on the merits of the case.”

Gwinnett Cmty. Bank v. Arlington Capital, LLC (Ga. Ct. App. 2014). · cites it 2× “OCGA § 44-14-260 (found in Chapter 14, which governs “Mortgages, Conveyances to Secure Debt, and Liens”), defines a “commercial transaction” as “a transaction which gives rise to an obligation to pay for goods sold or leased, services rendered, or moneys loaned for use in 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.