O.C.G.A.

O.C.G.A. § 50-16-62 (2019)

Actions for recovery of state debts

✓ 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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Whenever the Governor, after consulting with the Attorney General, shall deem it proper to institute an action for the recovery of a debt due the state or money or property belonging to the state, he is authorized and required to institute the action in the proper court of this state, with the same rights as any citizen, and to require the aid of the Attorney General to begin and carry on the action.

History

Ga. L. 1872, p. 39, § 1; Code 1873, § 63; Code 1882, § 63; Civil Code

1895, § 126; Civil Code 1910, § 149; Code 1933, § 91-405; Ga. L. 1982, p. 3, § 50.

Annotations

JUDICIAL DECISIONS Effect on determination of real party in interest. - Assuming that O.C.G.A. § 50-16-62 applies to suits in federal court, it has no effect on the question of identity of real party in interest, a determination made under federal law. Busbee v. Continental Ins. Co., 526 F. Supp. 1243 (N.D. Ga. 1981). Action by state official in own name for benefit of state is properly characterized as action by state. Busbee v. Continental Ins. Co., 526 F. Supp. 1243 (N.D. Ga. 1981). Recovery of money. - Governor has authority to institute suit for recovery of money of which state has been defrauded, under the general power granted to the Governor of supervising the property of the state. Alexander v. State, 56 Ga. 478 (1876).

Governor may maintain action on bond made to predecessor. Anderson v. Brumby, 115 Ga. 644, 42 S.E. 77 (1902). Governor’s authority limited. - Governor has no power to compromise claims due the state penitentiary because of negligent escapes. Penitentiary Co. No. 2 v. Gordon, 85 Ga. 159, 11 S.E. 584 (1890). Presumption of attorney’s authority to institute suit. - When a declaration in favor of the state is signed by attorneys, the legal presumption, upon demurrer (now motion to dismiss), is that the attorneys had the authority of the Governor to institute the suit. Alexander v. State, 56 Ga. 478 (1876).

OPINIONS OF THE ATTORNEY GENERAL Attorney General’s potential authority. - Authority of Attorney General to manage state’s legal affairs to protect interests of people of state might provide authority to prohibit collection of Depart-

ment of Medical Assistance (now Department of Community Health) overpayments in a specific situation. 1980 Op. Att’y Gen. No. 80-89.

RESEARCH REFERENCES Am. Jur. 2d. - 72 Am. Jur. 2d, States, Territories, and Dependencies, § 89 et seq.

C.J.S. - 81A C.J.S., States, § 529 et seq.