Voluntary Payment Doctrine Georgia
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.
Pursuant to the voluntary payment doctrine embodied in the statute,
"the party seeking recovery must prove that the payment was not voluntarily made because certain material facts were not known at the time of payment or a valid reason existed for failure to determine the truth. (Cit.)" Ins. Co. of North America v. Kyla, Inc., 193 Ga. App. 555, 556 (388 S.E.2d 530) (1989).
Rod's Auto Finance v. Finance Co., 211 Ga. App. 63 (1) (438 S.E.2d 175).
See Reich v. Collins, 262 Ga. 625 (422 S.E.2d 846), vacated, 509 U.S. 918 (113 S.C. 3028, 125 L. Ed. 2d 717), on remand, 263 Ga. 602 (437 S.E.2d 320) (voluntary payment of state income taxes on federal military retirement benefits precluded refund after tax was found unconstitutional); Henson v. Columbus Bank &c. Co., 144 Ga. App. 80, 82 (3) (240 S.E.2d 284) (voluntary payment of demand notes barred recovery of money based on alleged breach of contract).