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O.C.G.A. § 7-1-821

Right to setoff

Applied in 1 court decision — leading case In Re: Checking Account Overdraft Litigation MDL No. 2036 Jeffrey Buffington v. Suntrust Banks, Inc. (2012)

Most recently applied in In Re: Checking Account Overdraft Litigation MDL No. 2036 Jeffrey Buffington v. Suntrust Banks, Inc. (March 2012)

Code 1933, § 41A-3812, enacted by Ga

Without qualifying any other statutory right to setoff or lien and subject to any contractual provision, if a party to a multiple-party account is indebted to a financial institution, the financial institution has a right to setoff against the account in which the party has or had immediately before his death a present right of withdrawal. The amount of the account subject to setoff is that proportion to which the debtor is or was immediately before his death beneficially entitled and, in the absence of proof of net contributions, an equal share with all

parties having present rights of withdrawal.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.