Enforcement of Article; Properties Not Paid Over on a Timely Basis

  1. Law
  2. Georgia Code
  3. Property
  4. Rights in Personalty
  5. Disposition of Unclaimed Property
  6. Enforcement of Article; Properties Not Paid Over on a Timely Basis

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  1. The commissioner may bring an action in a court of competent jurisdiction to enforce this article. Notwithstanding the provisions of Code Section 44-12-214, the commissioner shall commence enforcement for the reporting, payment, or delivery of property presumed abandoned under this article, with the exception of property held in a fiduciary capacity, not later than seven years from the date the property is presumed abandoned.
  2. Properties due and owing under this Code section and not paid over to the commissioner on a timely basis shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the manner provided for assessment and collection of state taxes in Chapters 2, 3, and 4 of Title 48.The commissioner is authorized to issue an execution for the amounts due as provided in Code Section 48-3-1.The remedies specified in this subsection shall be in addition to all other remedies provided for in this article.

(Code 1981, §44-12-231, enacted by Ga. L. 1990, p. 1506, § 1; Ga. L. 1993, p. 1813, § 1.)


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