Subpoena Powers and Procedures

  1. Law
  2. Georgia Code
  3. Banking and Finance
  4. Installment Loans
  5. Regulation by Department
  6. Subpoena Powers and Procedures

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  1. A subpoena issued pursuant to Code Section 7-3-40 may be served by:
    1. Registered or certified mail or statutory overnight delivery, return receipt requested, to the addressee's business or personal mailing address;
    2. Examiners appointed by the department; or
    3. The sheriff of the county where such witness resides or is found or where the person in custody of any books, accounts, records, files, documents, or papers resides or is found.
  2. The department may issue and apply to enforce subpoenas in this state at the request of any governmental agency, department, organization, or entity regulating the making of installment loans in another state if the activities constituting the alleged violation for which the information is sought would be a violation of this chapter if the alleged activities had occurred in this state.
  3. If any person refuses to obey a subpoena issued under this chapter, a superior court of appropriate jurisdiction, upon application by the department, may issue to the person an order requiring such person to appear before the court to show cause why such person should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished as contempt by the court.

(Code 1981, §7-3-41, enacted by Ga. L. 2020, p. 156, § 2/SB 462.)


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