O.C.G.A. § 44-14-402 (2019)
Liens of depositories for hire
Depositories for hire shall have a lien for their hire and may retain possession until it is paid.
History
Orig. Code 1863, § 2089; Code 1868, § 2084; Code 1873, § 2110; Code 1882, § 2110; Civil Code 1895, § 2928; Code 1910, § 3501; Code 1933, § 12-703.
Annotations
Law reviews. For comment on Wilkinson v. Townsend, 96 Ga. App. 179, 99 S.E.2d 539 (1957),
wherein the statutory authorization for the police to remove an abandoned automobile to a garage was held not to create an agency relationship between the police and auto owner giving rise to a lien against the auto owner by the garageman, see 9 Mercer L. Rev. 372 (1958).
JUDICIAL DECISIONS Removal of illegally parked car does not create lien. - Where O.C.G.A. § 40-6-206 permits police officers to remove illegally parked automobiles to a garage or other place of safety, but does not specify whether a public or private garage, and does not state that the owner shall be liable for the costs of such removal and storage, and no specific authority is given the officers to impound the
vehicle and the law is blank as to its ultimate disposition, the law does not create an agency relation between the police officers and the owner so as to form a contract for storage or towing charges; since the owner does not assent to this disposition of property, and no person authorized by law to act for the owner assents to it. Under these circumstances, no lien arises, and detention of the property
by the garage against the demands of the owner amounts to a conversion. Wilkinson
v. Townsend, 96 Ga. App. 179, 99 S.E.2d 539, 1957 Ga. App. LEXIS 536 (1957).
RESEARCH REFERENCES Am. Jur. 2d. 8 Am. Jur. 2d, Bailments, § 190 et seq. C.J.S. 26B C.J.S., Depositaries, § 11 et seq.
ALR. Lien for towing or storage, ordered by public officer, of motor vehicle, 85 A.L.R.3d 199.