Depositories of Involuntary, Gratuitous, or Naked Deposits - Repossessor of Motor Vehicle as Involuntary, Gratuitous, or Naked Depository of Personal Property Found Therein; Disposition of Personal Property

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  7. Depositories of Involuntary, Gratuitous, or Naked Deposits - Repossessor of Motor Vehicle as Involuntary, Gratuitous, or Naked Depository of Personal Property Found Therein; Disposition of Personal Property

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  1. Any person who lawfully repossesses a motor vehicle shall be an involuntary, gratuitous, or naked depository of any personal property found in such motor vehicle and shall have a lien on such property for any reasonable expenses incurred in storing such property or in giving notice to such owner.
  2. Within ten days of the date of repossession, the person repossessing such motor vehicle shall notify the owner of the motor vehicle of the intent to dispose of the personal property. Such notice must be actual notice, but may be by personal service or by service by certified mail or statutory overnight delivery.
  3. If the personal property is not redeemed within 30 days from the date of the first notice, a second notice shall be sent in the same manner as provided in subsection (b) of this Code section.
  4. If the personal property is not redeemed within 30 days from the date of the second notice, the personal property may be disposed of in the manner most expeditious to the depository without further liability and the proceeds shall be disbursed as provided in Code Section 44-14-412.

(Ga. L. 1982, p. 915, § 3; Code 1981, §44-14-411.1, enacted by Ga. L. 1982, p. 915, § 6; Ga. L. 1984, p. 22, § 44; Ga. L. 2000, p. 1589, § 3.)

The 2000 amendment, effective July 1, 2000, substituted "certified mail or statutory overnight delivery" for "certified mail" at the end of subsection (b).

Editor's notes.

- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that this Act is applicable with respect to notices delivered on or after July 1, 2000.


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