Title 36, Chapter 11, Section 5
( 36-11-5)
(a) On December 1 of each year, the county treasurer and the county
governing authority shall together make an entry of all orders
entitled to payment which were not so presented for payment and what
orders not of equal dignity have been paid instead, in whole or in
part, and what other orders are entitled to payment before such
nonpresented orders. Persons holding such orders who present them
without receiving payment before such day may have the treasurer
annually mark thereon "Presented," the day of presentation, and that
they were not paid for want of funds. Such county orders, when
legally issued and duly presented, as provided in this Code section,
and not paid for want of funds, shall bear interest at such rate as
may be prescribed by the county governing authority, by resolution
duly adopted and entered upon the minutes of the county governing
authority, which rate of interest shall in no event be more than 7
percent per annum from date of entry of presentation and nonpayment
for want of funds. The rate so fixed shall be plainly written or
printed upon the face of the order. However, interest shall not be
paid on such warrant or warrants after July 1 following the year in
which they were presented unless the warrant or warrants are again
presented and payment is refused for want of funds. The treasurer
or keeper of county funds shall endorse on the warrant the words
"Presented for payment; no funds on hand with which to pay same.
This the ______ day of ______________, ____." (b) Any county order issued by any county governing authority shall
bear interest at the rate specified by resolution at the time of the
issuance of the order, as provided in this Code section. The rate
of interest which the warrant shall thereafter bear shall not be
changed or affected by any subsequent resolution or change of rate
of interest that may be adopted thereafter by the county governing
authority; rather the warrant shall bear the rate of interest
written or printed upon the face of the order and established by the
county governing authority at the time of the issuance thereof. |