Cash Bonds Permitted; Docketing

  1. Law
  2. Georgia Code
  3. Civil Practice
  4. Civil Practice and Procedure Generally
  5. General Provisions
  6. Cash Bonds Permitted; Docketing

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  1. Any party, litigant, or other person required or permitted by law to give or post bond or bail as surety or security for the happening of any event or act in all civil matters may discharge the requirement by depositing cash in the amount of the bond so required with the appropriate person, official, or other depository.
  2. Any official or other person receiving any such bond shall give a receipt therefor and shall cause the fact of the receipt to be entered and recorded on the docket of the case in which it was given. If bond is given in a matter not appearing as a separate court case on a docket, a docket shall be prepared, maintained, and kept of all such transactions. The name and address of the person giving or making the bond, the date of the receipt of the bond, the name of the person receiving the bond, the amount of the bond, and a description of the cause for giving the bond, together with any and all other desirable information concerning the bond, shall be a part of the record in that separate docket.

(Ga. L. 1969, p. 41, §§ 1, 2; Ga. L. 1982, p. 3, § 9.)

Cross references.

- Corresponding provision relating to criminal procedure, § 17-6-4.

OPINIONS OF THE ATTORNEY GENERAL

Section provides alternative of depositing cash to giving bond.

- This section does not vary the previous law or procedure for recording bonds; it only provides that as an alternative to giving a bond, the person may satisfy the requirement by depositing cash. 1969 Op. Att'y Gen. No. 69-265 (see O.C.G.A. § 9-10-10).

Official who receives cash bond under this section is proper person to give the receipt and cause the fact to be entered and recorded on the docket of the case in which it was given. 1969 Op. Att'y Gen. No. 69-265 (see O.C.G.A. § 9-10-10).

RESEARCH REFERENCES

Am. Jur. 2d.

- 12 Am. Jur. 2d, Bonds, §§ 6, 7, 25, 26.

C.J.S.

- 11 C.J.S., Bonds, § 16 et seq.

ALR.

- Check or money as meeting requirement of appeal bond, 65 A.L.R.2d 1134.

Propriety of applying cash bail to payment of fine, 42 A.L.R.5th 547.


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