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HomeGovernment CodeDiv. 2Pt. 3Ch. 1Art. 2§ 26525 County Unauthorized Payment Recovery

§ 26525 County Unauthorized Payment Recovery

Government Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 26525 County Unauthorized Payment Recovery

Key Takeaways

  • •If county leaders pay money they shouldn't (like extra salary or fees) without the law allowing it, they have to pay it back.
  • •If someone in the county writes a check for themselves or others without permission, they have to pay back the money plus extra (20% more).
  • •The district attorney (DA) must take them to court to get the money back, even if the payment hasn’t happened yet.
  • •The DA doesn’t need extra permission from the county leaders to start the lawsuit.

Example

A county supervisor gives their friend $10,000 from county funds as a 'bonus' even though the law doesn’t allow it.

The DA must sue the supervisor to get the $10,000 back, plus an extra $2,000 (20% of $10,000) as a penalty. If the friend hasn’t cashed the check yet, the DA can stop the payment.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 26525 County Unauthorized Payment Recovery

If the board of supervisors without authority of law orders any amount paid as salary, fees, or for any other purposes and the money is actually paid, or if any county officer draws any warrant in his own favor or in favor of any other person without authorization by the board or law and the warrant is paid, the district attorney shall institute suit in the name of the county to recover the money paid, and 20 percent damages for the use thereof. If the money has not been paid on the order or warrants, the district attorney upon receiving notice thereof shall commence suit in the name of the county to restrain the payment. An order of the board is not necessary in order to maintain the suits. (Added by Stats. 1947, Ch. 424.)

Last verified: January 22, 2026

Key Terms

damagespenaltysalaryauthorityauthorizationcommence

Related Statutes

  • § 52170 Authority Claims Procedures
  • § 91548 Bond Validation Legal Actions
  • § 1157.10 Employee Payroll Deduction Rules
  • § 18525.3 Employee Transfer Definitions
  • § 20035.11 State Manager Pay Adjustments

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 26525.
View Official Source