O.C.G.A.

O.C.G.A. § 45-8-20 (2019)

Citation of officer, bank, or depository to show cause; service of notice

✓ 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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If it shall become known to the official or authority having jurisdiction to cite for accounting that a collecting officer or officer to hold public funds has been guilty of any default or breach of duty as to any tax, revenue, or public funds; or that any bank or depository in which any tax, revenue, or other public funds have been deposited has failed in business or has failed to pay over on demand any such fund so deposited with it, or, whether default is alleged or not, upon the surety on any bond of the kind dealt with in this chapter, whether of an officer, bank, or depository, filing with such official or authority having jurisdiction to cite for accounting a petition asking for the settlement of the accounts of such principal, it is the duty of such official or authority to cite such officer, bank, or depository and their sureties to come before the official or authority having jurisdiction over the accounting, on a day named, to make an accounting or settlement and to show cause why execution should not issue, if any default be found. Such official shall cause such citation to be served at least ten days before the hearing, unless such service be waived, or the respondents consent in writing to shorter notice. It is not necessary to issue or serve the citation or notice to or upon any principal or surety who has filed or has joined in filing the petition for citation, nor is it necessary personally to serve such citation upon any officer or other person who, by absconding, absence from the state, or otherwise, prevents personal service; but it is sufficient in such cases to perfect service by leaving a copy of the citation at the most notorious place of abode of such absconding or absent person.

History

(Ga. L. 1933, p. 78, § 9a; Code 1933, § 89-818.)

Annotations

JUDICIAL DECISIONS Judgment and execution not void for lack of notice. - Conceding that the commissioners intended to give notice under former Code 1933, § 89-818 (see now O.C.G.A. § 45-8-20), any failure to do so would not void the judgment and execution, which they were authorized to, and did in fact, issue under the provisions of

former Code 1933, § 89-824 (see now O.C.G.A. § 45-8-25). Keen v. Lewis, 215 Ga. 166, 109 S.E.2d 764 (1959). Cited in Bibb County v. Winslett, 191 Ga. 860, 14 S.E.2d 108 (1941); Laurens County v. Keen, 214 Ga. 32, 102 S.E.2d 697 (1958).

OPINIONS OF THE ATTORNEY GENERAL Additional duties imposed on officials. - Since the duty to comply with the deposit security law falls upon institutions under the supervision of the Department of Banking and Finance, the department is obligated to take whatever steps

are necessary to ensure that violations are cured and not repeated. This obligation is in addition to the obligations imposed upon the Comptroller General and other officials by this section. 1979 Op. Att’y Gen. No. 79-12.