Petition to Foreclose a Lien on Motor Vehicle; Answer; Motion for Judgment; Timing; Fees

  1. Law
  2. Georgia Code
  3. Motor Vehicles and Traffic
  4. Abandoned, Derelict, and Civil Forfeiture of Motor Vehicles
  5. Abandoned Motor Vehicles
  6. Petition to Foreclose a Lien on Motor Vehicle; Answer; Motion for Judgment; Timing; Fees

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  1. Not sooner than ten calendar days and not later than six months after compliance with the notice requirements set forth in Code Section 40-11-19, a towing and storage firm, repair facility, or salvage dealer may file an action for a petition to foreclose a lien against the motor vehicle in any magistrate court in the county where the motor vehicle is located. An action filed pursuant to this Code section shall be on a form provided by the Council of Magistrate Court Judges for such purpose and shall be accompanied by a filing fee of no more than $11.00. Any person bringing such action shall include with such form a copy of the owner information obtained pursuant to the request required by Code Section 40-11-15 or 40-11-16 and proof of compliance with the notice requirements set forth in Code Section 40-11-19. The petition to foreclose a lien shall be verified by oath or affirmation by the towing and storage firm, repair facility, or salvage dealer in a manner consistent with Article 5 of Chapter 10 of Title 9.
    1. The party bringing such action shall send a copy of the oath or affirmation page of the filed petition to any person known to be an owner of the motor vehicle by certified mail or statutory overnight delivery, return receipt requested. The court shall accept electronic documentation as proof that such copy of the filed petition was sent and delivered in accordance with the requirements of this subsection. Included in such mailing shall be a copy of a standardized answer form provided by the Council of Magistrate Court Judges for such purpose. Such form shall require oath or affirmation of the respondent and shall include space to set forth:
      1. The name of the owner;
      2. The address at which the owner resides;
      3. A description of the motor vehicle, including the license plate number and the model, make, and year of the vehicle;
      4. A description of the date the owner obtained an interest in the motor vehicle;
      5. A brief statement as to why removal of the vehicle was unauthorized, if applicable;
      6. Any other brief statement as to why the lien claimed by the towing and storage firm, repair facility, or salvage dealer is invalid;
      7. A copy of any documentation in the owner's possession supporting his or her answer; and
      8. Any additional facts supporting the owner's answer or as to why the lien should not be foreclosed upon.
    2. If notice required under Code Section 40-11-19 was satisfied by advertisement, or the signed proof of receipt of a copy of the petition required to be sent under paragraph (1) of this subsection has not been returned after ten days of such mailing or has been returned as unclaimed, the party filing the petition shall, within 60 days, place an advertisement in a newspaper of general circulation or the legal organ where such action has been filed. No such advertisement shall be required if the return receipt required as proof of delivery has been returned with a notation that the notice of the filing of the petition has been refused. Such notice shall run in the newspaper once a week for two consecutive weeks. Such notice shall include instructions for how an owner may obtain the standardized answer form described in this subsection and shall be deemed as notice to any and all persons having an interest in or right affected by such petition and from any sale of the motor vehicle resulting therefrom.
    3. If the identity of an owner which was previously not ascertained becomes known while an advertisement is run pursuant to paragraph (2) of this subsection, the party filing a petition to foreclose shall send a copy of the filed petition pursuant to the same requirements set forth in paragraph (1) of this subsection within ten days of obtaining such information.
  3. An owner may file an answer to the petition no later than ten days after receipt by using the standardized answer form provided. If service is made by advertisement pursuant to paragraph (2) of subsection (b) of this Code section, an owner may file an answer no later than ten days after the expiration of the required two-week advertisement.
  4. If no answer has been filed at the expiration of the period set forth in subsection (c) of this Code section, the towing and storage firm, repair facility, or salvage dealer may seek to foreclose the lien through a judgment as provided in Code Section 15-10-43 by making such request in writing and submitting to the court proof of service as set forth in subsection (b) of this Code section. Unless providentially hindered, it shall be the duty of the judge to decide all motions for judgment submitted pursuant to this subsection no later than 15 days from when such motion has been made. When a judgment is granted, the vehicle shall be considered abandoned and within five days the court shall issue an order for the disposition of the motor vehicle as provided for in Code Section 40-11-19.2. A certified copy of such order shall be issued by the clerk of court. A fee of no more than $14.00 may be charged for a certified copy of such order, which shall be issued by the clerk of court. If no answer has been filed but the court finds that a petition fails to comply with the requirements of this article, a petition may be refiled for such action once within six months of the issuance of denial of a judgment.
    1. If an answer is returned to the court, a trial shall be held within ten days after receipt of such answer; provided, however, that such trial may be continued by the court for good cause shown by either party.
    2. At the trial, the court shall hear evidence of and determine whether the removal of the vehicle was lawful, whether the lien amount is based upon recoverable fees as set forth in subsection (d) of Code Section 40-11-19, and whether notice to all owners was proper, and shall hear any other facts pertinent to the case to reach a decision on foreclosure of the lien. The court may hear evidence of and make a determination on whether storage fees should accrue after the filing date of the petition. Upon conclusion of the trial, the court shall issue a decision on whether to foreclose the lien for the recoverable fees set forth in subsection (d) of Code Section 40-11-19 and, if foreclosure is granted, the court shall order the disposition of the motor vehicle as provided for in Code Section 40-11-19.2. A fee of no more than $14.00 may be charged for a certified copy of such order which shall be issued by the clerk of court.

(Code 1981, §40-11-19.1, enacted by Ga. L. 2019, p. 872, § 5/HB 307.)


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