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Rules and Regulations

Rules and Regulations for Chapter 375-2-31

375-2-31-.02 Notice to Owner, Lessor, Lessee, or Holder of a Security Interest or Lien

(a)  After removal of a vehicle from either public or private property, the person removing the vehicle must, no later than three (3) business days after removal, seek to obtain the following information from the appropriate local law enforcement agency:

(1)  the name and address of the owner or lessor of the vehicle;

(2)  if the vehicle is leased, the name and address of the lessee; and

(3)  the name and address of any holder of a security interest or lien, if one exists.

(b)  If the vehicle is removed at the request of a law enforcement officer, such officer shall furnish the information required in paragraph (a) of this regulation no later than three (3) business days after the removal.

(c)  The person removing the vehicle shall provide written notification of the removal to the owner, lessor, lessee, and any holder of a security interest or lien no later than the seventh business day after removal, or one (1) business day after receipt of information from the law enforcement agency, whichever is later, of:

(1)  The location of the vehicle;

(2)  All fees connected with the removal and storage of the vehicle; and

(3)  Notice that the vehicle will be subject to a lien in favor of the person holding the vehicle unless the vehicle is redeemed within thirty (30) days.

(d)  The written notification to the owner, lessor, lessee, and any holder of a security interest or lien shall be transmitted by:

(1)  Personal delivery, accompanied by written acknowledgement of such delivery;

(2)  certified mail, return receipt requested; or

(3)  statutory overnight delivery.                                                                                                                                                                          

In addition, an additional duplicate copy of said notification shall also be transmitted by first class mail, postage prepaid.

(e)  If a vehicle removed from public or private property becomes an abandoned motor vehicle, the person removing the vehicle shall document in writing a search of the vehicle for incorrect vehicle identification numbers (“VIN”s), previous registrations, repair records, or any other information that can reveal the last state of registration or vehicle title. Should this search reveal that the vehicle has been registered or titled in another state, the person must obtain the name and address of the owner, lessor, lessee, and the holder of any security interest or lien from that state prior to taking any further action.

(f)  All documentation and information obtained as a result of a search for identifying information shall be furnished to a court of competent in any proceeding to foreclose on a lien created under Article 1 of Chapter 11 of Title 40 of the Official Code of Georgia Annotated.

  

Authority: O.C.G.A. ยง 40-11-1 et seq.
Filed Date: 4/16/2003
Effective Date: 5/6/2003