O.C.G.A.

O.C.G.A. § 44-14-410 (2019)

Depositories of involuntary, gratuitous, or naked deposits; lien; authorization to open containers; notice to owner

✓ 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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Except as provided in Code Section 44-14-411.1, involuntary, gratuitous, or naked depositories shall have a lien on the property in their possession for any expense incurred in caring for the property and any expenses incurred in the effort to locate the owner thereof. Where the property consists of closed trunks, suitcases, bags, boxes, bundles, packages, or other containers which do not on the outside contain marks from which the owner can be ascertained, such depositories are authorized, but are not required, to open such containers for the purpose of ascertaining, if possible, the name and address of the owner. Where the owner and his address are known, the depository is authorized, but is not required, to address a notice by registered or certified mail or statutory overnight delivery to the owner notifying him that the depository holds the property and that the property will be delivered to the owner upon reasonable identification and payment of any charges that have accrued in caring for the property and in giving such notice.

History

Ga. L. 1947, p. 1165, § 1; Ga. L. 1982, p. 915, §§ 1, 4; Ga. L. 2000, p. 1589, § 3.

Annotations

Editor’s notes. Ga. L. 2000, p. 1589, § 16, not codified

by the General Assembly, provides that this Act is applicable with respect to notices delivered on or after July 1, 2000.

JUDICIAL DECISIONS Lien does not extend to profit and overhead. - Naked depository is entitled to a lien only for amounts paid out or labor expended by reason of the deposit, and such lien does not extend to profit or a

pro rata portion of general overhead expenses. CHEP USA v. Mock Pallet Co., 138 Fed. Appx. 229, 2005 U.S. App. LEXIS 12604 (11th Cir. 2005).

RESEARCH REFERENCES Am. Jur. 2d. 8 Am. Jur. 2d, Bailments, § 117. C.J.S. 8 C.J.S., Bailments, § 5. ALR. Duty and liability of one in possession of

real property in respect to personal property which he finds thereon belonging to another, 131 A.L.R. 165.

Notes of Decisions

Cited in 1 case, 2005–2005 · leading case: Chep USA v. Mock Pallet Co., 138 F. App'x 229 (11th Cir. 2005).

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Chep USA v. Mock Pallet Co., 138 F. App'x 229 (11th Cir. 2005). “O.C.G.A. § 44-14-410 states: *236 [Ijnvoluntary, gratuitous, or naked depositories shall have a lien on the property in their possession for any expense incurred in caring for the property and any expenses incurred in the effort to locate the owner thereof.”

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.