Georgia Statutes
§ 7-1-821 — Right to setoff
Georgia § 7-1-821
JurisdictionGeorgia
Title7
This text of Georgia § 7-1-821 (Right to setoff) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
O.C.G.A. § 7-1-821 (2026).
Text
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.
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Related
Yates v. Trust Co. Bank
442 S.E.2d 293 (Court of Appeals of Georgia, 1994)
In Re: Checking Account Overdraft Litigation MDL No. 2036 Jeffrey Buffington v. Suntrust Banks, Inc.
459 F. App'x 855 (Eleventh Circuit, 2012)
Nearby Sections
15
§ 7-1-1
Short title§ 7-1-10
Rules of construction§ 7-1-1000
Definitions§ 7-1-1001-1
Requirement for mortgage loan originator license; application to sellers of mobile homes§ 7-1-1002
Prohibited transactions; liability§ 7-1-1003
Applications for licenses§ 7-1-1003-1
[Repealed] Physical place of business§ 7-1-1003-3
[Reserved] Application for registration§ 7-1-1003-4
[Reserved] Notification statementCite This Page — Counsel Stack
Bluebook (online)
Georgia § 7-1-821, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/7-1-821.