O.C.G.A.
O.C.G.A.

O.C.G.A. § 9-11-67 (2019)

Deposit in court

✓ 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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In an action in which any part of the relief sought is a judgment for a sum of money or the disposition of any other thing capable of delivery, a party, upon notice to every other party, and by leave of court, may deposit with the court all or any part of such sum or thing to be held by the clerk of the court, subject to withdrawal, in whole or in part, at any time thereafter upon order of the court, upon posting of sufficient security. Where the thing deposited is money, interest thereupon shall abate.

History

(Ga. L. 1966, p. 609, § 67.)

Annotations

Cross references. - Recovery of interest upon damages for breach of contract, § 13-6-13. U.S. Code. - For provisions of Federal Rules of Civil Procedure, Rule 67, and

annotations pertaining thereto, see 28 U.S.C. Law reviews. - For annual survey of trial practice and procedure, see 56 Mercer L. Rev. 433 (2004).

JUDICIAL DECISIONS Prejudgment and postjudgment interest. - In a contract action, a party was not entitled to prejudgment and postjudgment interest when deposits were made pursuant to the requirements of O.C.G.A. § 9-11-67. Sacha v. Coffee Butler Serv., Inc., 215 Ga. App. 280, 450 S.E.2d 704 (1994). Unconditional deposit required to relieve defendant from liability. - Check deposited in the clerk’s office without leave of court, which was made out to the plaintiffs with an endorsement that ‘‘the undersign [sic] payees accept the amount of this payment in full satisfaction of all claims against drawer to property located at [the premises in issue],’’ failed to comply with the requirements of O.C.G.A. § 9-11-67 because it attempted to impose conditions on its acceptance, thereby rendering the money unavailable to the plaintiffs for withdrawal. Thus, the deposit did not relieve the defendant from all liability for postjudgment interest on the sums deposited in the court, and the trial court did not err by entering judgment therefor. Gunnin v. Parker, 198 Ga. App. 864, 403 S.E.2d 822, cert. denied, 198 Ga. App. 897, 403 S.E.2d 822 (1991). Failure to deposit funds into registry. - Since the county in a condemnation proceeding did not deposit funds into the

registry as required by a consent decree, the requirements of the statute were not complied with; therefore, the trial court did not have authority to abate prejudgment interest by making the court’s order retroactive to the date of the consent decree. Threatt v. Forsyth County, 250 Ga. App. 838, 552 S.E.2d 123 (2001). Violation by attorney deemed contempt. - When, in a divorce proceeding, the husband’s attorney violated O.C.G.A. § 9-11-67 and pertinent court rules, the court properly awarded attorney’s fees paid to the wife personally by the husband’s attorney either on the basis that the actions of the latter constituted contempt, or as a sua sponte award of attorney’s fees. Cohen v. Feldman, 219 Ga. App. 90, 464 S.E.2d 237 (1995), overruled on other grounds by Williams v. Cooper, 280 Ga. 145, 625 S.E.2d 754 (2006). Cited in Hudson v. Omaha Indem. Co., 183 Ga. App. 847, 360 S.E.2d 406 (1987); Cheeks v. Novatel Carcom, Inc., 200 Ga. App. 664, 409 S.E.2d 229 (1991); Great S. Midway, Inc. v. Hughes, 223 Ga. App. 643, 478 S.E.2d 400 (1996); Threatt v. Forsyth County, 262 Ga. App. 186, 585 S.E.2d 159 (2003); Schoenbaum Ltd. Co., LLC v. Lenox Pines, LLC, 262 Ga. App. 457, 585 S.E.2d 643 (2003); Sanders v. Riley, 296 Ga. 693, 770 S.E.2d 570 (2015).

RESEARCH REFERENCES Am. Jur. 2d. - 23 Am. Jur. 2d, Deposits in Court, § 1 et seq. Am. Jur. Pleading and Practice Forms. - 8B Am. Jur. Pleading and Practice Forms, Deposits In Court, § 1 et seq. C.J.S. - 26B C.J.S., Deposits in Court, § 1 et seq. 35B C.J.S., Federal Civil Procedure, § 1153.

ALR. - Who bears loss of funds held by third person, or deposited in court, awaiting outcome of litigation, 2 ALR 463. Liability of clerk of court or his bond for money paid into his hands by virtue of his office, 59 ALR 60.

Notes of Decisions
Cited in 24 cases (2 in the last 5 years), 1987–2023 · leading case: Threatt v. Forsyth Cnty., 552 S.E.2d 123 (Ga. Ct. App. 2001).
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Threatt v. Forsyth Cnty., 552 S.E.2d 123 (Ga. Ct. App. 2001). · cites it 16× “” On June 16, 2000, Forsyth County filed an emergency motion to deposit the amount of the judgment into the court’s registry pursuant to OCGA § 9-11-67. Such motion remained pending and was not granted until October 4, 2000.”
Northside Bank v. Mountainbrook of Bartow Homeowners Ass'n, Inc., 789 S.E.2d 378 (Ga. Ct. App. 2016). · cites it 12× “The order stipulated that the “Deposit satisfies the requirements of OCGA § 5-6-46 (a) by *133 providing a sufficient form of security to satisfy the judgment in full,” and also that the “Deposit satisfies the requirements of OCGA § 9-11-67” and “[u]pon receipt of the Deposit by…”
JTH Tax, Inc. v. Flowers, 716 S.E.2d 559 (Ga. Ct. App. 2011). · cites it 23× “The issue in this case is whether, pursuant to OCGA § 9-11-67, post-judgment interest abated on funds deposited into the trial court’s registry pending the outcome of an appeal.”
Schoenbaum Ltd., LLC v. Lenox Pines, LLC, 585 S.E.2d 643 (Ga. Ct. App. 2003). · cites it 6× “Third, SLC argues that it is entitled to the protection of OCGA § 9-11-67, which provides that [i]n an action in which any part of the relief sought is a judgment for a sum of money or the disposition of any other thing capable of delivery, a party, upon notice to every other…”
Grange Mut. Cas. Co. v. Woodard, 797 S.E.2d 814 (Ga. 2017). · cites it 2× “In enacting OCGA § 9-11-67. l,theGeneral Assembly actedagainst the backdrop of a large body of law on contract formation generally and settlement formation specifically As part of that existing law, “settlement agreements must meet the same requirements of formation and…”
Sacha v. Coffee Butler Serv., Inc., 450 S.E.2d 704 (Ga. Ct. App. 1994). · cites it 12× “and Office Coffee Associ *281 ates I (Coffee Butler), argue that OCGA § 9-11-67 requires the abatement of prejudgment and postjudgment interest on such monies in that they were deposited in compliance with OCGA § 9-11-67.”
Taylor, Exr. v. The Devereux Found., Inc. (& Vice Versa), 885 S.E.2d 671 (Ga. 2023). · cites it 4× “66 To the extent Devereux argues that the imposition of post-judgment interest “violates basic principles of equity” because Devereux was not to blame for several of the delays between the jury’s verdicts and the court’s ruling on the attorney fees amount, we note that OCGA §…”
Gunnin v. Parker, 403 S.E.2d 822 (Ga. Ct. App. 1991). · cites it 16× “Citing OCGA § 9-11-67, Gunnin contends the trial court erred by awarding postjudgment interest on the $112,275 amount Gunnin deposited in the office of the clerk of the court before trial started.”
Threatt v. Forsyth Cnty., 585 S.E.2d 159 (Ga. Ct. App. 2003). · cites it 6× “And, on that issue we held that the superior court had prematurely abated the interest: As the requirements of OCGA § 9-11-67 2 were not complied with, interest thereon did not abate until October 4, 2000, when the trial court issued its order.”
Eichelkraut v. Camp, 513 S.E.2d 267 (Ga. Ct. App. 1999). · cites it 4× “When Camp and the other plaintiffs instituted this action, he and the other plaintiffs filed an “application for deposit of funds with court” under OCGA § 9-11-67. This application recited that all payments to date had been made and that Camp was not in default under the…”
Cohen v. Feldman, 464 S.E.2d 237 (Ga. Ct. App. 1995). · cites it 4× “Counsel contended Cohen’s actions violated OCGA § 9-11-67 (depositing funds with the court), as well as USCR 3.”
Mark Turner Props., Inc. v. Evans, 554 S.E.2d 492 (Ga. 2001). · cites it 2× “Accordingly, we reverse the judgment in part and affirm in part, and remand the case to the trial court for further proceedings not inconsistent with this opinion.”
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