Any claimant against the fine and bond forfeiture fund or the heirs, administrators, executors, personal representatives, or assigns of any officer holding any valid claim against the fund may extend the period of limitation for an additional seven years by filing with the clerk of the superior court of the county in which the claims arose another statement or claim setting forth the amount claimed and that the claimant has been unable to collect the claim or balance of the claim out of the fine and bond forfeiture fund. The statement shall be approved by the judge of the superior court of the county in which the claim arose and recorded on the minutes of the court by the clerk. The claim shall show on its face that it is made for the purpose of extending the period of limitation. The claim shall be made and recorded within the original seven-year period in order for the period of limitation to be extended. The extension of the period of limitation shall be for a period of seven years after the claim made for the purpose of extending the limitation period has been filed and recorded. The original period of limitation may be extended only once.
(Ga. L. 1949, p. 1168, § 2A.)
Law reviews.- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).
JUDICIAL DECISIONS
Priority of claims to fund and interest of county in compliance with limitations provisions.
- In no event would the county commissioners be entitled to use any of the money in the fine and forfeiture fund until all claimants have had an opportunity to file their claims in accordance with the provisions of Ga. L. 1949, p. 1168, §§ 2 and 2A (see O.C.G.A. §§ 15-21-50 and15-21-51). The county is, however, entitled to have the provisions of the law complied with in order to protect any contingent interest the county may have in such fund under Ga. L. 1949, p. 1168, §§ 4-6 (see O.C.G.A. § 15-21-56), and because, if the county did not bring such action within the period of limitations, the county's claims also would be barred. Banks County v. Stark, 88 Ga. App. 368, 77 S.E.2d 33 (1953).
OPINIONS OF THE ATTORNEY GENERAL
Ga. L. 1949, p. 1168, § 2A (see O.C.G.A. § 15-21-51) provides only method to extend limitation set out in Ga. L. 1949, p. 1168, § 2 (see O.C.G.A. § 15-21-50); this procedure applies only when a claim shall be made and recorded as ordered within the original or first seven-year period, in order for the period of limitation to be extended, and any claim which was not extended under the provisions of Ga. L. 1949, p. 1168, § 2 if forever barred. 1958-59 Op. Att'y Gen. p. 47.
Joint construction of provisions warranted.
- Ga. L. 1949, p. 1168, § 3 (see O.C.G.A. § 15-21-55), which relates to disposition of surplus funds of a fine and forfeiture fund, should be construed in connection with Ga. L. 1949, p. 1168, §§ 2 and 2A (see O.C.G.A. §§ 15-21-50 and15-21-51) which are the statutes which relate to actions on claims against the funds. 1960-61 Op. Att'y Gen. p. 96.
RESEARCH REFERENCES
Am. Jur. 2d.
- 51 Am. Jur. 2d, Limitation of Actions, § 148 et seq.
C.J.S.- 36A C.J.S., Fines, §§ 2, 19. 37 C.J.S., Forfeitures, §§ 1, 6, 7, 8, 10 et seq., 39, 40. 54 C.J.S., Limitations of Actions, § 1 et seq.
ALR.- Settlement negotiations as estopping reliance on statute of limitations, 39 A.L.R.3d 127.