2021 Georgia Code
Title 15 - Courts
Chapter 21 - Payment and Disposition of Fines and Forfeitures
Article 3 - Limitation Period and Rules for Claims Against Fine and Bond Forfeiture Fund
§ 15-21-50. Limitation Period for Claims Against Fine and Bond Forfeiture Fund for Payment of Costs or Fees; Extension of Limitation Period

Any costs or fees due any officer of court or to his heirs, administrators, executors, or assigns which are payable out of the fine and bond forfeiture fund shall be paid within seven years after the costs accrue or else the claim shall be barred by limitation and shall cease to be a valid claim against the fund or against any holder or custodian thereof under the law. The period of limitation may be extended as set out in Code Section 15-21-51.

(Ga. L. 1949, p. 1168, § 2; Ga. L. 2015, p. 693, § 3-33/HB 233.)

The 2015 amendment, effective July 1, 2015, substituted "fine and bond forfeiture fund" for "fine and forfeiture fund" in the middle of the first sentence. See editor's note for applicability.

- Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).

JUDICIAL DECISIONS

Priority of claims to fund and interest of county in compliance with limitations provisions.

- In no event would the county commissioners be entitled to use any of the money in the fine and forfeiture fund until all claimants have had an opportunity to file claims in accordance with the provisions of Ga. L. 1949, p. 1168, §§ 2 and 2A (see now O.C.G.A. §§ 15-21-50 and15-21-51). The county is, however, entitled to have the provisions of the law complied with in order to protect any contingent interest the county may have in such fund under Ga. L. 1949, p. 1168, §§ 4-6 (see now O.C.G.A. § 15-21-56), and because, if the county did not bring such action within the period of limitations, the county's claims also would be barred. Banks County v. Stark, 88 Ga. App. 368, 77 S.E.2d 33 (1953).

Cited in Busbee v. Gillis, 241 Ga. 353, 245 S.E.2d 304 (1978).

Ga. L. 1949, p. 1168, § 2A (see now O.C.G.A. § 15-21-51) provides the only method to extend the limitation set out in Ga. L. 1949, p. 1168, § 2 (see now O.C.G.A. § 15-21-50); this procedure applies only when a claim shall be made and recorded as ordered within the original or first seven-year period in order for the period of limitation to be extended. Any claim which was not extended under the provisions of Ga. L. 1949, p. 1168, § 2 is forever barred. 1958-59 Op. Att'y Gen. p. 47.

- Ga. L. 1949, p. 1168, § 3 (see now O.C.G.A. § 15-21-55), which relates to disposition of surplus funds of a fine and forfeiture fund, should be construed in connection with Ga. L. 1949, p. 1168, §§ 2 and 2A (see now O.C.G.A. §§ 15-21-50 and15-21-51) which are the statutes which relate to actions on claims against the funds. 1960-61 Op. Att'y Gen. p. 96.

- Existence of infancy at the time of the accrual of the cause of action will postpone the commencement of the running of the period of limitation until the person reached majority; the fact that the infant had a guardian who might have sued in the name of the ward, when the title and the right of action is in the infant, does not prevent such infant from enjoying the statutory benefit accorded to the infant by virtue of the infant's disability. 1958-59 Op. Att'y Gen. p. 403.

RESEARCH REFERENCES

Am. Jur. 2d.

- 20 Am. Jur. 2d, Costs, § 99 et seq. 36 Am. Jur. 2d, Forfeitures and Penalties, § 28 et seq. 51 Am. Jur. 2d, Limitation of Actions, §§ 1, 27, 103.

- 36A C.J.S., Fines, §§ 2, 19. 37 C.J.S., Forfeitures, §§ 1, 6, 7, 8, 10 et seq., 39, 41. 54 C.J.S., Limitations of Actions, § 1 et seq.

- Settlement negotiations as estopping reliance on statute of limitations, 39 A.L.R.3d 127.