Georgia § 13-1-13 - Recovery of voluntary payments.
Full text of Georgia Official Code of Georgia Annotated § 13-1-13 — Recovery of voluntary payments., with citation guidance and answers to common questions.
§ 13-1-13. Recovery of voluntary payments.
Payments of claims made through ignorance of the law or where all the facts are known and there is no misplaced confidence and no artifice, deception, or fraudulent practice used by the other party are deemed voluntary and cannot be recovered unless made under an urgent and immediate necessity therefor or to release person or property from detention or to prevent an immediate seizure of person or property. Filing a protest at the time of payment does not change the rule prescribed in this Code section. (Civil Code 1895, § 3723; Civil Code 1910, § 4317; Code 1933, § 20-1007.) History of section. - This Code section is derived from the decisions in Camps v. Phillips, 49 Ga. 455 (1873); Arnold & DuBose v. Georgia R.R. & Banking Co., 50 Ga. 304 (1873); First Nat'l Bank v. Mayor of Americus, 68 Ga. 119 (1881). Law reviews. - For annual survey of local government law, see 56 Mercer L. Rev. 351 (2004). For annual survey on administrative law, see 66 Mercer L. Rev. 1 (2014). For note on the voluntary-payment doctrine in Georgia, see 16 Ga. L. Rev. 893 (1982). For comment, "Refocusing Liquidated Damages Law for Real Estate Contracts: Returning to the Historical Roots of the Penalty Doctrine," see 39 Emory L.J. 267 (1990).
Frequently Asked Questions About Georgia § 13-1-13
What does Official Code of Georgia Annotated § 13-1-13 cover?
Section 13-1-13 ("Recovery of voluntary payments.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 13-1-13?
A common citation format is "Official Code of Georgia Annotated § 13-1-13" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 13-1-13 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.