Proceedings by Persons Claiming Interest in Fine and Bond Forfeiture Fund

  1. Law
  2. Georgia Code
  3. Courts
  4. Payment and Disposition of Fines and Forfeitures
  5. Limitation Period and Rules for Claims Against Fine and Bond Forfeiture Fund
  6. Proceedings by Persons Claiming Interest in Fine and Bond Forfeiture Fund

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  1. At any time, any claimant claiming any interest in the fine and bond forfeiture fund (including the officer or officers in charge of the roads and revenues of the county, on behalf of the county, and in the interest of the county in securing all moneys due hereunder to the general fund of the county for the purpose of paying expenses of the courts, the maintenance and support of prisoners, the payment to sheriffs and coroners for litigation, and payment of all legal demands as aforesaid) may proceed as provided by law by rule and attachment against the county treasurer and the prosecuting officer.
  2. In the proceeding or rule the court may seize any such funds which are a part of the fine and bond forfeiture fund, by whomever held, under appropriate order and may order the funds paid into the registry of the court. To that end, for the purpose of carrying into effect this entire article, the court may join any necessary parties.
  3. The court, and the judge thereof, shall order such additional notice and service which to the court shall seem proper in order to protect the rights of all parties interested in the fund. The proceeding shall be in the nature of an equitable proceeding and shall be governed by all established rules and maxims of equity. The court may pass such orders and order such disposition of funds in the registry of the court, in the county treasury, or in the hands of any custodian of the fine and bond forfeiture fund as will ensure such payment to officers of court, to other legal claimants, or to the county, in lieu of the salary of officers of court, of the insolvent costs of such officers earned during their term of office, such payment to be out of fines and bond forfeitures collected during such terms as is provided by law.

(Ga. L. 1949, p. 1168, §§ 4-6; Ga. L. 1982, p. 3, § 15; Ga. L. 2015, p. 693, §§ 3-32, 3-33/HB 233.)

The 2015 amendment, effective July 1, 2015, substituted "fine and bond forfeiture fund" for "fine and forfeiture fund" near the beginning of subsection (a), in the middle of subsection (b), and in the middle of the last sentence of subsection (c); and substituted "fines and bond forfeitures" for "fines and forfeitures" near the end of subsection (c). See editor's note for applicability.

Editor's notes.

- Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."

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 claims in accordance with the provisions of Ga. L. 1949, p. 1168, §§ 2 and 2A (see now 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 now 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).

County commissioners act on behalf of county.

- County commissioners are proper officers to proceed on behalf of the county. Banks County v. Stark, 88 Ga. App. 368, 77 S.E.2d 33 (1953).

Venue in action with joint defendants.

- Provisions of Ga. L. 1949, p. 1168, §§ 4-6 (see now O.C.G.A. § 15-21-56) are not sufficient to overrule the provisions of Ga. Const. 1945, Art. VI, Sec. XIV, Para. VI (see now Ga. Const. 1983, Art. VI, Sec. II, Para. VI), providing that civil actions generally shall be brought in the county of the defendant's residence. However, if there are joint defendants, such an action may be brought in the county of residence of either. Banks County v. Stark, 88 Ga. App. 368, 77 S.E.2d 33 (1953).

RESEARCH REFERENCES

Am. Jur. 2d.

- 6 Am. Jur. 2d, Attachment and Garnishment, §§ 38 et seq., 61 et seq., 69, 226 et seq.

C.J.S.

- 7 C.J.S., Attachment, §§ 5 et seq., 47, 62 et seq., 229, 287. 36A C.J.S., Fines, §§ 1, 2, 19, 20. 37 C.J.S., Forfeitures, §§ 2, 3, 4, 45 et seq.


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