2020 Georgia Code
Title 9 - Civil Practice
Chapter 11 - Civil Practice Act
Article 8 - Provisional and Final Remedies and Special Proceedings
§ 9-11-67. Deposit in Court

Universal Citation: GA Code § 9-11-67 (2020)

In an action in which any part of the relief sought is a judgment for a sum of money or the disposition of any other thing capable of delivery, a party, upon notice to every other party, and by leave of court, may deposit with the court all or any part of such sum or thing to be held by the clerk of the court, subject to withdrawal, in whole or in part, at any time thereafter upon order of the court, upon posting of sufficient security. Where the thing deposited is money, interest thereupon shall abate.

(Ga. L. 1966, p. 609, § 67.)

Cross references.

- Recovery of interest upon damages for breach of contract, § 13-6-13.

U.S. Code.

- For provisions of Federal Rules of Civil Procedure, Rule 67, and annotations pertaining thereto, see 28 U.S.C.

Law reviews.

- For annual survey of trial practice and procedure, see 56 Mercer L. Rev. 433 (2004).

JUDICIAL DECISIONS

Prejudgment and postjudgment interest.

- In a contract action, a party was not entitled to prejudgment and postjudgment interest when deposits were made pursuant to the requirements of O.C.G.A. § 9-11-67. Sacha v. Coffee Butler Serv., Inc., 215 Ga. App. 280, 450 S.E.2d 704 (1994).

Trial court's order granting the motion for supercedeas bond was reversed to the extent that the order abated post-judgment interest because abatement of the post-judgment interest was prohibited by the supersedeas, and the trial court erred in so ordering. Northside Bank v. Mountainbrook of Bartow County Homeowners Ass'n, 338 Ga. App. 126, 789 S.E.2d 378 (2016).

Unconditional deposit required to relieve defendant from liability.

- Check deposited in the clerk's office without leave of court, which was made out to the plaintiffs with an endorsement that "the undersign [sic] payees accept the amount of this payment in full satisfaction of all claims against drawer to property located at [the premises in issue]," failed to comply with the requirements of O.C.G.A. § 9-11-67 because it attempted to impose conditions on its acceptance, thereby rendering the money unavailable to the plaintiffs for withdrawal. Thus, the deposit did not relieve the defendant from all liability for postjudgment interest on the sums deposited in the court, and the trial court did not err by entering judgment therefor. Gunnin v. Parker, 198 Ga. App. 864, 403 S.E.2d 822, cert. denied, 198 Ga. App. 897, 403 S.E.2d 822 (1991).

Failure to deposit funds into registry.

- Since the county in a condemnation proceeding did not deposit funds into the registry as required by a consent decree, the requirements of the statute were not complied with; therefore, the trial court did not have authority to abate prejudgment interest by making the court's order retroactive to the date of the consent decree. Threatt v. Forsyth County, 250 Ga. App. 838, 552 S.E.2d 123 (2001).

Violation by attorney deemed contempt.

- When, in a divorce proceeding, the husband's attorney violated O.C.G.A. § 9-11-67 and pertinent court rules, the court properly awarded attorney's fees paid to the wife personally by the husband's attorney either on the basis that the actions of the latter constituted contempt, or as a sua sponte award of attorney's fees. Cohen v. Feldman, 219 Ga. App. 90, 464 S.E.2d 237 (1995), overruled on other grounds by Williams v. Cooper, 280 Ga. 145, 625 S.E.2d 754 (2006).

Cited in Hudson v. Omaha Indem. Co., 183 Ga. App. 847, 360 S.E.2d 406 (1987); Cheeks v. Novatel Carcom, Inc., 200 Ga. App. 664, 409 S.E.2d 229 (1991); Great S. Midway, Inc. v. Hughes, 223 Ga. App. 643, 478 S.E.2d 400 (1996); Threatt v. Forsyth County, 262 Ga. App. 186, 585 S.E.2d 159 (2003); Schoenbaum Ltd. Co., LLC v. Lenox Pines, LLC, 262 Ga. App. 457, 585 S.E.2d 643 (2003); Sanders v. Riley, 296 Ga. 693, 770 S.E.2d 570 (2015).

RESEARCH REFERENCES

Am. Jur. 2d.

- 23 Am. Jur. 2d, Deposits in Court, § 1 et seq.

8B Am. Jur. Pleading and Practice Forms, Deposits In Court, § 1 et seq.

C.J.S.

- 26B C.J.S., Deposits in Court, § 1 et seq. 35B C.J.S., Federal Civil Procedure, § 1153.

ALR.

- Who bears loss of funds held by third person, or deposited in court, awaiting outcome of litigation, 2 A.L.R. 463.

Liability of clerk of court or his bond for money paid into his hands by virtue of his office, 59 A.L.R. 60.

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