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O.C.G.A. § 7-1-199 — Adjudication of rejected claims and exceptions to account | Georgia Code
O.C.G.A. § 7-1-199 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 7 BANKING AND FINANCE

Section 1. Financial Institutions, 7-1-1 through 7-1-1021.

ARTICLE 1 PROVISIONS APPLICABLE TO DEPARTMENT OF BANKING AND FINANCE AND FINANCIAL INSTITUTIONS GENERALLY

7-1-199. Adjudication of rejected claims and exceptions to account.

  1. If any claim has been rejected by the department or any exception has been filed to the account or to any item thereof, the principal court shall, as soon as expedient after the expiration of the period for the filing of exceptions to the account, fix a date for hearing in court arguments on all rejected claims and all exceptions to the account or to any item thereof. The department shall give notice of such hearing to all corporations or persons whose claims have been rejected by the department or objected to in the manner provided by this chapter. It shall likewise give notice to all corporations or persons who have filed exceptions to the account or to any item thereof. Such notice shall set forth, insofar as possible, the reasons for the rejection of the claim or the nature of the exception to the item of the account and shall state that all parties whose claims are rejected or objected to must appear in the principal court upon the date fixed by the court to prove their claims or they will be bound by the ex parte decision of the court.
  2. The principal court in which the account is filed shall itself hear arguments upon any rejected claim or upon any exception to an account, or to any item thereof, upon the date fixed by it for this purpose. The court shall itself decide, without delay, all matters in controversy. If any party does not appear in court on the day fixed, the court shall conduct the hearing ex parte and shall render its decision upon the merits as they appear after such hearing.

(Code 1933, § 41A-810, enacted by Ga. L. 1974, p. 705, § 1.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Ga. L. 1919, p. 135 are included in the annotations for this Code section.

Remedy exclusive.

- Under state law, the procedure provided in O.C.G.A. Ch. 1, T. 7 is an exclusive remedy. FDIC v. Willis, 497 F. Supp. 272 (S.D. Ga. 1980).

Prerequisite to suit under Ga. L. 1919, p. 135.

- When the superintendent (now department) has given the required notice as to the presentment of claims, a suit cannot be brought against the bank upon any claim, unless the claim, with sworn proof thereof, has been filed with the superintendent of banks or office of bank and been rejected by the superintendent, and unless the suit be brought as required by Ga. L. 1919, p. 135 (see now O.C.G.A. § 7-1-199). Berrien County Bank v. Alexander, 28 Ga. App. 55, 110 S.E. 311 (1922) (decided under former Ga. L. 1919, p. 135).

RESEARCH REFERENCES

C.J.S.

- 9 C.J.S., Banks and Banking, §§ 152 et seq., 192, 214.

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This Georgia Code resource is curated by an Orange Park personal injury and workers' comp lawyer, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.