§ 50-27-53. Debts Owed to State Agencies Lien Against Lottery Winnings; Prizes Paid Out by Retailers or Noncorporate Entities; Time Period Involved; Rules and Regulations; Immunity; Costs

1. Any claimant agency may submit to the corporation a list of the names of all persons owing debts in excess of $100.00 to such claimant agency or to persons on whose behalf the claimant agency is acting.  The full amount of the debt shall be collectable from any lottery winnings without regard to limitations on the amounts that may be collectable in increments through garnishment or other proceedings.  Such list shall constitute a valid lien upon and claim of lien against the lottery winnings of any debtor named in such list.  The list shall contain the names of the debtors, their social security numbers if available, and any other information which would assist the corporation in identifying the debtors named in the list.
2. The corporation is authorized and directed to withhold any winnings subject to the lien created by this Code section and send notice to the winner by certified mail or statutory overnight delivery, return receipt requested, of such action and the reason the winnings were withheld.  However, if the winner appears and claims winnings in person, the corporation shall notify the winner at that time by hand delivery of such action.  If the debtor does not protest the withholding of such funds in writing within 30 days of such notice, the corporation shall pay the funds over to the claimant agency. If the debtor protests the withholding of such funds within 30 days of such notice, the corporation shall file an action in interpleader in the superior court of the county in which the debtor resides, pay the disputed sum into the registry of the court, and give notice to the claimant agency and debtor of the initiation of such action.
3. The liens created by this Code section shall rank among themselves as follows:
   1. Taxes due the state;
   2. Delinquent child support; and
   3. All other judgments and liens in order of the date entered or perfected.
4. The corporation shall not be required to deduct claimed debts from prizes paid out by retailers or entities other than the corporation.
5. Any list of debt provided pursuant to this article shall be provided periodically as the corporation shall provide by rules and regulations and the corporation shall not be obligated to retain such lists or deduct debts appearing on such lists beyond the period determined by such rules and regulations.
6. The corporation is authorized to prescribe forms and promulgate rules and regulations which it deems necessary to carry out the provisions of this article.
7. The corporation and any claimant agency shall incur no civil or criminal liability for good faith adherence to the provisions of this Code section.
8. The claimant agency shall pay the corporation for all costs incurred by the corporation in setting off debts in the manner provided in this article.

History. Code 1981, § 50-27-53 , enacted by Ga. L. 1993, p. 1037, § 2; Ga. L. 2000, p. 1589, § 3.

Editor’s notes.

Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.