Except as provided in Code Section 44-14-411.1, involuntary, gratuitous, or naked depositories shall have a lien on the property in their possession for any expense incurred in caring for the property and any expenses incurred in the effort to locate the owner thereof. Where the property consists of closed trunks, suitcases, bags, boxes, bundles, packages, or other containers which do not on the outside contain marks from which the owner can be ascertained, such depositories are authorized, but are not required, to open such containers for the purpose of ascertaining, if possible, the name and address of the owner. Where the owner and his address are known, the depository is authorized, but is not required, to address a notice by registered or certified mail or statutory overnight delivery to the owner notifying him that the depository holds the property and that the property will be delivered to the owner upon reasonable identification and payment of any charges that have accrued in caring for the property and in giving such notice.
History. Ga. L. 1947, p. 1165, § 1; Ga. L. 1982, p. 915, §§ 1, 4; Ga. L. 2000, p. 1589, § 3.
The 2000 amendment, effective July 1, 2000, substituted “certified mail or statutory overnight delivery” for “certified mail” in the last sentence.
Editor’s notes.
Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that this Act is applicable with respect to notices delivered on or after July 1, 2000.
Structure Georgia Code
Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens
Part 5 - Pawnbrokers, Factors, Bailees, Acceptors, and Depositories
§ 44-14-400. Liens of Pawnbrokers, Factors, Bailees, and Acceptors; Priorities
§ 44-14-402. Liens of Depositories for Hire
§ 44-14-404. Factor’s Lien; Extent; Attachment to Proceeds
§ 44-14-405. Satisfaction of Factors’ and Acceptors’ Liens
§ 44-14-406. Livery Stable Keepers; Lien by Retaining Possession; Priorities
§ 44-14-407. Procedure for Livery Stable Keepers Acquriing Lien; Recording; Enforcement
§ 44-14-408. Satisfaction of Liens of Pawnbrokers and Livery Stable Keepers
§ 44-14-409. Special Lien of Bailee for Hire of Labor and Service; Effect of Delivery of a Part
§ 44-14-411. Sale by Depositories of Property at Public Auction; Notice
§ 44-14-412. Disposition of Proceeds of Sale; One-Year Limitation for Claims of Owner