Destruction, Removal, Concealment, Encumbrance, or Transfer of Property Subject to Security Interest

  1. Law
  2. Georgia Code
  3. Crimes and Offenses
  4. Forgery and Fraudulent Practices
  5. Fraud and Related Offenses
  6. Destruction, Removal, Concealment, Encumbrance, or Transfer of Property Subject to Security Interest

Checkout our iOS App for a better way to browser and research.

  1. Except as provided in subsection (b) of this Code section, a person who destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with intent to hinder enforcement of that interest shall be guilty of a misdemeanor.
  2. A person who destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with intent to hinder enforcement of that security interest and in so doing does damage to such property in an amount greater than $500.00 shall be guilty of a misdemeanor of a high and aggravated nature.
  3. In a prosecution under this Code section the crime shall be considered as having been committed in any county where any act in furtherance of the criminal scheme was done or caused to be done.

(Code 1933, § 26-1707, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1988, p. 299, § 1.)

RESEARCH REFERENCES

C.J.S.

- 35 C.J.S., False Pretenses, §§ 21, 33. 37 C.J.S., Fraud, §§ 123, 124.

ALR.

- Duty of senior encumbrancer on sale under judicial decree, or under power of sale, to observe equities of subsequent encumbrancers or purchasers as to marshaling assets or sale in inverse order of alienation, 35 A.L.R. 1307; 131 A.L.R. 4.

May offense of obtaining money or property by false pretenses or confidence game be predicated on obtaining loan or renewal thereof, 52 A.L.R. 1167.

Elements and proof of crime of improper sale, removal, concealment, or disposal of property subject to security interest under UCC, 48 A.L.R.4th 819.


Download our app to see the most-to-date content.