Georgia Code
Chapter 8 - Accounting for Public Funds
§ 45-8-29. Effect of Judgment or Execution as Lien; Transfer of Judgment or Execution; Enforcement by Transferee; Effect of Sale or Transfer of Assets by Bank to Innocent Purchaser for Value

Any judgment or execution issued in pursuance of this chapter or in any action against the principal or surety upon any bond of any of the officers, banks, or depositories dealt with in this chapter shall have the effect of preserving and shall be a means of enforcing the liens created by the laws of this state, including this chapter, upon the property and assets of the principal and sureties on the bonds of officers and depositories and the assets of banks. Upon the payment of the amount of such judgment or execution by any surety or other person, either the official or county or municipal authority issuing the same or any officer authorized to levy the execution shall, at the request of the person or corporation making the payment, transfer the judgment or execution to such person or corporation or his or its order, and the transferee shall be entitled to enforce the same and the lien therein represented, provided that, in order to preserve the lien as against subsequent bona fide purchasers for value, the judgment or execution shall be entered on the general execution docket as if it were a common law execution. Any sale or transfer of any part of its assets by a bank to an innocent purchaser for value in the ordinary course of business prior to the institution of a proceeding against said bank, through which the lien may be preserved or enforced, shall pass to the purchaser or transferee such assets free from the lien created in this Code section.
History. Ga. L. 1933, p. 78, § 15; Code 1933, § 89-836; Ga. L. 1990, p. 8, § 45.

Structure Georgia Code

Georgia Code

Title 45 - Public Officers and Employees

Chapter 8 - Accounting for Public Funds

§ 45-8-1. Definitions

§ 45-8-2. Bonds — Requirement of Officers Holding State Funds; Requirement of Additional Bond or Security; Declaring Office Vacant Upon Failure to Give Additional Security; Reduction of Bonds; Substitution of New Bonds

§ 45-8-3. Bonds — Requirement of Officers Holding Other Than State Funds; Increase, Reduction, or Discharge of Bonds

§ 45-8-4. Bonds — Declaring Office Vacant Upon Officer’s Failure to Give Additional Security

§ 45-8-5. Bonds — Fixing of Amount and Approval

§ 45-8-6. Bonds — Liability of New or Additional Bond for Defaults Occurring Prior to and Subsequent to Effective Date

§ 45-8-7. Bonds — Interest Against Principal and Surety Upon Breach of Bond; Additional Penalty for Bad Faith; Attorneys’ Fees

§ 45-8-8. Bonds — When Principal and Surety Not Liable

§ 45-8-9. Bonds — Limitation of Actions on Bonds

§ 45-8-10. Deposit of Funds in Banks or Depositories — Requirement Generally

§ 45-8-11. Deposit of Funds in Banks or Depositories — Authority of Officers Holding Public Funds to Determine Amounts to Be Deposited; Waiver of Requirement for Depository to Give Security

§ 45-8-12. Deposit of Funds in Banks or Depositories — Depository to Give Bond; Pledge of Securities in Lieu of Bond; Acceptance of Federal Insurance as Security; Combination of Securities; Aggregate Amount of Bond

§ 45-8-13. Deposit of Funds in Banks or Depositories — Deposit of Securities by Banks or Depositories; Contract as to Interest or Compensation

§ 45-8-13.1. Depositories Using Pooled Method of Securing Deposits of Public Funds; Qualifications; Rights and Responsibilities of State Treasurer; Establishing Policies and Procedures

§ 45-8-14. Depositories for County and School District Moneys

§ 45-8-14.1. Funds Held by Depository; Policies and Procedures; Effective Date

§ 45-8-15. Deposit of Funds in Banks or Depositories — Lien in Favor of Public Body on Bank Assets; Deposit as Trust Fund

§ 45-8-16. Deposit of Funds in Banks or Depositories — Deposits Showing Officer’s Official Title Deemed Public Funds

§ 45-8-17. Deposit of Funds in Banks or Depositories — Liability

§ 45-8-18. Investment of Surplus Funds in War Bonds or Other Obligations by Treasurer of Governmental Entity

§ 45-8-19. Jurisdiction to Cite Defaulting Officers, Depositories, or Sureties for Accounting and to Issue Execution

§ 45-8-20. Citation of Officer, Bank, or Depository to Show Cause; Service of Notice

§ 45-8-21. Right to Appear at Hearing

§ 45-8-22. Cited Official, Bank, or Depository to File Statement of Accounts; Preparation of Statement by Citing Official or Authority; Entry of Judgment or Order in Nature of Judgment; Settling Accounts

§ 45-8-23. Authority to Issue Subpoenas; Punishment for Contempt for Refusal to Obey

§ 45-8-24. Joinder of Parties in Proceedings for Accounting; Power of Authorities to Determine Liability

§ 45-8-25. Issuance of Execution Against Defaulting Officer, Bank, Depository, or Surety; Enforcement; Proceedings to Arrest Enforcement; Burden of Proof at Trial; Parties; Effect of Admission of Correctness by Defendant in Execution

§ 45-8-26. Action by Bond Obligee Before Citation or Execution

§ 45-8-27. Procedure for Accounting When Officer Succeeds Himself

§ 45-8-28. Personal Representative of Insane or Deceased Officer as Party to Proceedings

§ 45-8-29. Effect of Judgment or Execution as Lien; Transfer of Judgment or Execution; Enforcement by Transferee; Effect of Sale or Transfer of Assets by Bank to Innocent Purchaser for Value

§ 45-8-30. Release of Property of County Officers From State Lien — Authorization

§ 45-8-31. Release of Property of County Officers From State Lien — Procedure Generally

§ 45-8-32. Release of Property of County Officers From State Lien — Deadline to Consummate Proposed Sale or Loan

§ 45-8-33. Effect of Chapter Upon Liability of Officers to Private Persons