GUIDE FOR FILING ABANDONED MOTOR VEHICLE
DAVID PATTON – CHIEF MAGISTRATE
ABANDONED MOTOR VEHICLE means a motor vehicle or trailer:
1. Which has been left by the owner or some person acting for the owner with an automobile dealer, repairman, or wrecker service for repair or for some other reason within a period of 30 days after the time agreed upon; within 30 days and no time agreed upon or within 30 days after the completion of repair.
2. Which is left unattended on a public street, road, or highway or other public property for a period of at least (5) five days.
3. Vehicles that possess a threat to public health or safety.
4. To mitigate congestion.
a. Which has been lawfully towed onto the property of another at the request of a law enforcement officer and left there for a period of not less than 30 days without anyone having paid all reasonable current charges for such towing and storage;
b. Which has been lawfully towed at the request of the property owner where vehicle was abandoned and not claimed for 30 days and without anyone having paid all reasonable current charges for such towing and storage; or
c. Which had been left unattended on private property for a period of not less than 30 days.
TOW REQUEST: by law enforcement from public property, owner or agent not present.
SEEK IDENTITY INFORMATION OF OWNER WITHIN 3 BUSINESS DAYS FROM OFFICER OR AGENCY
USE FORM MV – 603
(3) “Owner” or “owners” means the registered owner, the owner as recorded on the title, lesser, lessee, security interest holders, and all lien holders as shown on the records of the Department of Revenue.
LAW ENFORCEMENT SHALL FURNISH INFORMATION WITHIN (3) THREE BUSINESS DAYS OF REQUEST.
TOW REQUEST: by Property owner request from private property, owner or agent not present.
PERSON OR COMPANY TOWING THE VEHICLE SHALL WITHIN (3) THREE BUSINESS DAYS OF REMOVAL, NOTIFY LOCAL LAW ENFORCEMENT IN WRITING OF THE VEHICLE’S: Location, Make/Model/Year/ Vin #, Tag #
Request for Owners Information- Use form MV – 603
Law Enforcement Shall Furnish Information within (3) Three Business Days Of Request.
OWNER NOTIFICATION
Known owner O.C.G.A. 40-11-2 (d) Within (7) seven days of removal or day after getting information back from law enforcement, send (2) two page owner notification letter certified mail, return receipt requested, Detailed Bill, Location & Fees Due. Redeemable within 30 days, if not considered abandoned.
DEEMED ABANDONED If vehicle is not redeemed in 30 days, then vehicle id deemed to be abandoned.
NOTICE AFTER DEEMED ABANDONED Tow company letter/Bill, certified mail receipt or unclaimed letter, vehicle not redeemed, vehicle deemed abandoned, Send for MV – 603 to department of motor vehicle or tax commissioner.
DEPARTMENT OF MOTOR VEHICLE REQUEST Within 7 calendar days of vehicle becoming abandoned, Affidavit states the fact that the vehicle is an abandoned motor vehicle (use DMV Form MV – 603), Search for out of state names of owners, lien holders, etc. Request owner information from local tax commissioner, use DMV form MV – 603.
DMV OR TAX COMMISSIONER RESPONSE If names of owners or returned, send notification certified mail within 5 days to : All Owners of Vehicle and All lien holders.
(OVER)
UNKNOWN OWNER
If there is no known owner, the person or company towing or storing the motor vehicle shall place a notice: In the newspaper of general circulation in the county where the vehicle was obtained for 2 consecutive weeks. The notice shall contain a complete description of the vehicle, license and vin #, location where moved from, present location and fact vehicle is considered abandoned.
NOTICE TO UNKNOWN OWNER
If vehicle is not redeemed in 30 days then the vehicle is deemed to be abandoned. Request information from Department of Motor Vehicles and the county tax commissioner via form MV – 603. If NEW NAMES come from the Department of Motor Vehicles or county tax commissioner, within 5 days, send owner of vehicle notification letter via Certified Mail.
FORECLOSURE
Lien established O.C.G.A. 40-11-2, Foreclosure O.C.G.A. 40-11-5, Filed within one year of establishing lien, Certified “owner of vehicle” letter to known owners (if properly sent under OCGA 40-11-2 (f), not necessary again). Make demand for payment of reasonable fees for removal and storage, plus cost. If notice given by publication due to unknown owner (notice letter not necessary under OCGA 40-11-5 (2). File court affidavit, Affidavit for Foreclosure of Abandoned Motor Vehicle Form MV – 603 A. Bring all supporting documentation to Magistrate Office.
*** This pamphlet contains general information only. If you need legal advice, please consult and attorney. The Clerks, Judges, and Court CANNOT give you legal advice.
This handout is provided for information only. It covers the general process of the Magistrate Court, this is not intended to be exhaustive; and is not to be interpreted as legal advice nor to be relied on as a substitute for competent legal advice.