(a) The Henry County Commission shall reimburse the office of the Judge of Probate of Henry County for any monetary loss, up to a total of two thousand five hundred dollars ($2,500), per annum, arising or caused by error if the mistake or omission was caused without the personal knowledge of the judge of probate, including loss arising from acceptance of worthless or forged checks, drafts, negotiable instruments, money orders, or other written orders for money or its equivalent. The reimbursement payments shall be made from the county general fund.
(b) It shall be the duty of the judge of probate to ensure that the employees of the office exercise due care in performing their required duties and make a diligent effort to correct the error, mistake, or omission. The judge of probate shall make a good faith effort to collect the amount subject to potential loss immediately upon becoming aware of the potential loss.
(c) This section shall not apply to any deliberate misuse or misappropriation of funds by the judge of probate or by any clerk, or any employee of the judge of probate.
(d) Neither the judge of probate nor any official, any clerk, or any employee of the judge of probate shall be personally liable for worthless checks, drafts, negotiable instruments, money orders, or other written orders for money or its equivalent, if the judge of probate makes a good faith effort to collect on the worthless instruments or other written orders for money.
(e) In cases arising out of acceptance of a worthless or forged check, draft, negotiable instrument, money order, or other written order for money or its equivalent the judge of probate may charge a fee equal to the amount allowed a merchant by general law for each worthless or forged check, instrument, or other written order for money. The proceeds thereby generated shall be deposited into the operating account of the judge of probate and shall be disbursed by that officer for the loss in collecting the charge.
Last modified: May 3, 2021