O.C.G.A.

O.C.G.A. § 48-5-200 (2019)

Issuance of process against tax receiver, tax collector, or tax commissioner indebted in any way to state

✓ 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.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

The commissioner may issue execution or other legal process against a tax receiver, tax collector, or tax commissioner when or if the tax receiver, tax collector, or tax commissioner:

(1) Receives commissions which he is not entitled to receive or retain;

(2) Becomes possessed in any other manner of any money belonging to the state; or

(3) Incurs any liability to the state.

History

Orig. Code 1863, § 828; Code 1868, § 907; Code 1873, § 905; Code 1882, § 905; Civil Code 1895, § 921; Civil Code

1910, § 1184; Code 1933, § 92-5501; Code 1933, § 91A-1381, enacted by Ga. L. 1978, p. 309, § 2.

Annotations

JUDICIAL DECISIONS Overpayments which tax receiver refuses to repay bear interest. - When a tax receiver is paid by the county authorities larger amounts than are due the receiver and refuses to pay back such excess, interest should be charged. Glynn County v. Dubberly, 148 Ga. 290, 96 S.E. 566, 1918 Ga. LEXIS 308 (1918). Tax receivers not subject to 20 percent penalty. - There is no statute

putting the tax receiver on the same basis as the tax collector in this respect, nor do the same reasons exist for exacting a penalty of 20 percent as in case of defaulting tax collectors. Glynn County v. Dubberly, 148 Ga. 290, 96 S.E. 566, 1918 Ga. LEXIS 308 (1918).

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: Dekalb Cnty. Bd. of Tax Assessors v. Jimmy C. Barrett (Ga. Ct. App. 2021).
Dekalb Cnty. Bd. of Tax Assessors v. Jimmy C. Barrett (Ga. Ct. App. 2021). · cites it 2× “[t]he county board of equalization as to matters of taxability, uniformity of assessment, and value . . . .”). 15 (Emphasis supplied).”
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.