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O.C.G.A. § 44-14-410 — Depositories of involuntary, gratuitous, or naked deposits - Lien; authorization to open containers; notice to owner | Georgia Code

O.C.G.A. § 44-14-410 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 44 PROPERTY

Section 14. Mortgages, Conveyances to Secure Debt, and Liens, 44-14-1 through 44-14-613.

ARTICLE 8 LIENS

44-14-410. Depositories of involuntary, gratuitous, or naked deposits - Lien; authorization to open containers; notice to owner.

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.

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

The 2000 amendment, effective July 1, 2000, substituted "certified mail or statutory overnight delivery" for "certified mail" in the last sentence.

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 CHEP USA v. Mock Pallet Co., F.3d (11th Cir. 2005)(Unpublished).

Cited in Postell v. Val-Lite Corp., 78 Ga. App. 199, 51 S.E.2d 63 (1948).

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.

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