6 Abandoned Motor Vehicles

6. ABANDONED MOTOR VEHICLES

Al.l Breach of Contract Cases

6.1 The Abandoned Motor Vehicle Act creates liens for four types of groups:

(A) A towing company/storage facility that removes a vehicle from public property at the request of a peace officer;

(B) A towing company/storage facility that removes a vehicle from private property at the request of a property owner;

(C) A repair facility which has been in possession of a motor vehicle for at least 15 days without communication from an owner or insurance company, or payments of amounts owed; and

(D) A salvage dealer which has been in possession of a motor vehicle for at least 15 days without communication from an owner or insurance company.

6.2 DEFINITIONS (OCGA § 44-11-13)

(A) “Day” means a business day unless otherwise stated and shall not include Saturdays, Sundays, and legal holidays recognized by the state.

(B) “Department” means the Department of Revenue or any entity that has an agreement with such department to serve as an authorized entity to access information relating to motor vehicle ownership and disseminate such information upon request and which is identified as such an authorized entity on the website of the Department of Revenue.

(C) “Motor vehicle” means every trailer and vehicle which is self-propelled.

(D) “Owner” means any secured interest holder with a current interest in a motor vehicle and person listed on the registration of a motor vehicle found in the records of the department or in the records of the state where the vehicle is registered.

(E) “Repair facility” means any person maintaining physical custody of a motor vehicle for repairs that have been requested or authorized by an owner or by an insurance company acting on behalf of an owner.

(F) “Salvage dealer” means any person taking possession of a motor vehicle from or upon request from an insurance company which is damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts or for which the insurance company has paid a total loss claim and has been unable to obtain a certificate of title.

(G) “Secured interest holder” means a secured party within the meaning of OCGA § 11-9-102 or a person with a perfected encumbrance pertaining to an interest in a motor vehicle.

(H) “Towing and storage firm” means any person regulated by the Department of Public Safety and in compliance with requirements set forth in OCGA § 44-1-13 who removes a motor vehicle from private or public property with or without the consent of the motor vehicle owner or authorized user and provides storage for such motor vehicle after removal.

(I) “Trailer” means a vehicle with or without motive power designed to be drawn by a motor vehicle; provided, however, that such term shall not include a mobile home as such term is set forth in OCGA § 8-2-160 unless such vehicle was left unattended on public property and its removal was requested by a peace officer.6.3 PREREQUISITES TO FILING FORECLOSURE PETITION

6.31 VEHICLE TOWED FROM PUBLIC PROPERTY AT REQUEST OF PEACE OFFICER

A. Within 3 business days of removal, the company must request owner/lienholder information from department, due back no later than 5 business days from when the request was received. If the vehicle has an out-of-state license plate, the request shall be to the state where the vehicle is registered or to an entity with access to such state’s vehicle registration information. OCGA § 40-11-15 (d).

B. NOTICE OF CLAIM

(1) IF OWNERS ARE KNOWN

(a) Notification letter form must be sent to all owners via (a) certified mail or (b) hand delivery with acknowledgement by signature and copy of recipient’s driver’s license within 15 calendar days of removal. OCGA § 40-11-19 (a)(1).

(2) IF OWNERS ARE UNKNOWN

(a) If owners are unknown, or the department does not send information in a timely manner, the company shall advertise once a week for two consecutive weeks in a newspaper of general circulation or the legal organ where the vehicle was obtained. The form advertisement must be placed within 60 business days of removal. OCGA § 40-11-19 (a)(2).

(b) If owners become known while the advertisement is running, notice must be sent as provided in OCGA § 40-11-19 (a)(1) within 10 business days of obtaining the information. OCGA § 40-11-19 (a)(3).

6.32 VEHICLE TOWED FROM PRIVATE PROPERTY AT THE REQUEST OF THE PROPERTY OWNER

A.

(1) Within 3 business days of removal, the company must request owner/lienholder information from the department, due back no later than 5 business days from when the request was received. If the vehicle has an out-of-state license plate, the request shall be to the state where the vehicle is registered or to an entity with access to such state’s vehicle registration information. OCGA § 40-11-16 (a) (1).

(2) Within 1 business day of requesting owner/lienholder info, the company must submit information to...

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