Any sum payable on a check, draft, or similar instrument, except money orders, traveler’s checks, and other similar instruments subject to Code Section 44-12-195, on which a banking or financial organization is directly liable, including but not limited to, cashier’s checks and certified checks, which has been outstanding for more than five years after it was payable or after its issuance if payable on demand, is presumed abandoned unless the owner, within five years, has communicated in writing with the banking or financial organization concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the banking or financial organization. Except for charges imposed with respect to issuance, no banking or financial organization shall deduct a service charge from, or otherwise impose a service charge on, any instrument described in this Code section unless such instrument is not presented for payment within two years of the date of issuance. Service charges may be imposed for each month of the 12 months following such two-year period.
History. Code 1981, § 44-12-196 , enacted by Ga. L. 1990, p. 1506, § 1; Ga. L. 1992, p. 1237, § 2; Ga. L. 1995, p. 1368, § 1.
Structure Georgia Code
Chapter 12 - Rights in Personalty
Article 5 - Disposition of Unclaimed Property
§ 44-12-191. Construction of Article
§ 44-12-199. When Funds Held or Owing by Utility Presumed Abandoned
§ 44-12-200. When Unclaimed Court Ordered Refund From Business Association Presumed Abandoned
§ 44-12-204. When Intangible Property Held for Owner by State or Federal Entity Presumed Abandoned
§ 44-12-205. When Gift Certificate or Credit Memo Presumed Abandoned
§ 44-12-206. When Unpaid Wages Presumed Abandoned
§ 44-12-210. Commencement of Abandonment for Certain Property Described in Code Section 44-12-197
§ 44-12-211.1. Excess Funds From Sale of Abandoned Motor Vehicle; Claim for Funds; Definitions
§ 44-12-212. When Property Described in Code Section 44-12-193 Not Subject to This Article
§ 44-12-214. Report and Remittance of Persons Holding Property Presumed Abandoned Under This Article
§ 44-12-215. Publication of “Georgia Unclaimed Property List”; Contents of Notice
§ 44-12-217. Sale or Destruction of Property
§ 44-12-218. Disposition of Funds Received Under Article
§ 44-12-219. When Commissioner May Decline to Receive Certain Property
§ 44-12-221. Appeal of Commissioner’s Decision
§ 44-12-222. Determination of Claim; Hearing
§ 44-12-223. Effect of Periods of Limitation
§ 44-12-225. Confidentiality of Information or Records Required by This Article
§ 44-12-228. Maintenance and Retention of Records
§ 44-12-230. Employment of Independent Consultant
§ 44-12-231. Enforcement of Article; Properties Not Paid Over on a Timely Basis
§ 44-12-232. Article Does Not Relieve Holder of Duty That Arose Before July 1, 1990
§ 44-12-233. Receipt of Securities Under This Article
§ 44-12-234. Property in Foreign Country or Arising Out of Foreign Transaction
§ 44-12-235. Rules and Regulations
§ 44-12-237. Unclaimed United States Savings Bond
§ 44-12-238. Claim for United States Savings Bonds Escheated to State