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2020 Georgia Code
Title 44 - Property
Chapter 12 - Rights in Personalty
Article 5 - Disposition of Unclaimed Property
§ 44-12-209. Rent Due on Safe-Deposit Boxes; Notice of Opening of Box and Sealing of Contents When Contents Deemed Abandoned; Delivery to Commissioner
Universal Citation: GA Code § 44-12-209 (2020)
- If the rental due on a safe-deposit box has not been paid for one year, the lessor shall send a notice by registered mail or statutory overnight delivery to the last known address of the lessee stating that the safe-deposit box will be opened and its contents stored at the expense of the lessee unless payment of the rental is made within 30 days.If the rental is not paid within 30 days from the mailing of the notice, the holder shall provide written notification to the commissioner of the drilling date not less than 30 days prior to this time. The commissioner may designate a representative to be present during the opening of the safe-deposit box.The safe-deposit box shall be opened in the presence of an officer of the lessor. The contents shall be sealed in a package by the officer who shall write on the outside the name of the lessee and the date of the opening. The officer shall execute a certificate reciting the name of the lessee, the date of the opening of the safe-deposit box, and a list of its contents. The certificate shall be included in the package and a copy of the certificate shall be sent by registered mail or statutory overnight delivery to the last known address of the lessee. The package shall then be placed in the general vaults of the lessor at a rental not exceeding the rental previously charged for the safe-deposit box.
- If the contents of the safe-deposit box have not been claimed within two years of the mailing of the certificate, the lessor may send a further notice to the last known address of the lessee stating that, unless the accumulated charges are paid within 30 days, the contents of the safe-deposit box will be delivered to the commissioner as abandoned property under the provisions of Code Section 44-12-214.
- The lessor shall submit to the commissioner a verified inventory of all of the contents of the safe-deposit box upon delivery of the contents of the safe-deposit box or such part thereof as shall be required by the commissioner under Code Section 44-12-214, but the lessor shall not deduct from any cash of the lessee in the safe-deposit box an amount equal to accumulated charges for rental but shall submit to the commissioner a verified statement of such charges and deductions.If there is no cash, or insufficient cash to pay accumulated charges, in the safe-deposit box, the commissioner shall remit to the lessor the charges or balance due, up to the value of the property in the safe-deposit box delivered to him, less any costs or expenses of sale; but, if the charges or balance due exceeds the value of such property, the commissioner shall remit only the value of the property, less costs or expenses of sale. Any accumulated charges for safe-deposit box rental paid by the commissioner to the lessor shall be deducted from the value of the property of the lessee delivered to the commissioner.
- On and after January 1, 1991, a copy of this Code section shall be printed on every contract for rental of a safe-deposit box.
(Code 1981, §44-12-209, enacted by Ga. L. 1990, p. 1506, § 1; Ga. L. 2000, p. 1589, § 4.)
The 2000 amendment, effective July 1, 2000, substituted "registered mail or statutory overnight delivery" for "registered mail" in two places in subsection (a).Editor's notes.
- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provided that the Act is applicable with respect to notices delivered on or after July 1, 2000.JUDICIAL DECISIONS
Cited in Financial Sec. Assurance, Inc. v. Tollman-Hundley Dalton, 165 Bankr. 698 (N.D. Ga. 1994).
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