Rules and Regulations

Rules and Regulations for Chapter 375-2-31

375-2-31-.04 Foreclosure of Abandoned Vehicle Lien

(a)  Any lawfully perfected lien on an abandoned motor vehicle may be foreclosed by submission of an affidavit, on a form prescribed by and obtained from the Department, with a court of competent jurisdiction. Such affidavit must be filed no later than one (1) year from the date of perfection of the lien.

(b)  Prior to the filing of the affidavit with the court, the person removing the vehicle must give notice, on a form prescribed by the Department, to any owner, lessor, lessee, and any holder of a security interest or lien of the following:

(1)  That the owner, lessor, lessee, and any holder of a security interest or lien has the right to a judicial hearing to determine the validity of the lien;

(2)  That the owner, lessor, lessee, and any holder of a security interest or lien must file a petition for a judicial hearing within ten (10) days of receipt of said notice;

(3)  That the failure to so petition a court of competent jurisdiction shall operate as a waiver of the right to a hearing to determine the validity of the lien;

(4)  That the owner, lessor, lessee, and any holder of a security interest or lien must provide a copy of such petition to the person removing the vehicle; and

(5)  That the owner, lessor, lessee, and any holder of a security interest or lien may, in the alternative submit an affidavit disclaiming any interest in the vehicle, which affidavit shall be controlling in any judicial proceeding concerning such lien.

 

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