§ 40-11-11. Short Title
The article shall be known and may be cited as the “Abandoned Motor Vehicle Act.” History. Code 1981, § 40-11-11 , enacted by Ga. L. 2019, p. 872, § 5/HB 307.
§ 40-11-12. Legislative Intent
The intent of the General Assembly is to provide a comprehensive and streamlined process for businesses removing motor vehicles from public rights of way and private or public property to recover the costs associated with this work while balancing the rights of a motor vehicle owner, when a motor vehicle has been abandoned or unclaimed. […]
§ 40-11-13. Definitions
As used in this article, the term: “Day” means a business day unless otherwise stated and shall not include Saturdays, Sundays, and legal holidays recognized by the state. “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 […]
§ 40-11-14. Unattended Vehicle Checks; Completion and Attachment of Check Card; Determination if Vehicle Stolen
Any peace officer, or any entity authorized by such peace officer or the Department of Public Safety, who discovers a motor vehicle which has been left unattended on a highway or other public property shall immediately perform an unattended vehicle check on such motor vehicle, unless an unattended vehicle check card is displayed on such […]
§ 40-11-15. Removal of Vehicle; Liability; Duty of Towing and Storage Firm When Removal at Request of Law Enforcement
Any peace officer who finds a motor vehicle which has been left unattended on a highway for more than five days, as evidenced by the date on an unattended vehicle check card, may cause such motor vehicle to be removed to a garage or other place of safety. Any peace officer who finds a motor […]
§ 40-11-16. Duty of Towing and Storage Firm When Removal at Request of Property Owners; Obligations of Repair Facility or Salvage Dealer in Possession of Vehicle
Any towing and storage firm which has removed an unattended motor vehicle from private property at the request of the property owner shall, within three days of the removal, request from the department the identification and addresses of all owners of such vehicle contained in the records of the department; provided, however, that if such […]
§ 40-11-17. Removal From Private Parking Lot; Fees; Penalty
It shall be unlawful for any person to remove, tow, or immobilize or cause to be removed, towed, or immobilized a motor vehicle left in a paid private parking lot between midnight and 9 A.M. of the following day. Nothing in this Code section shall prohibit the owner or operator of a paid private parking […]
§ 40-11-18. Retrieval of Personal Property
A towing and storage firm, repair facility, or salvage dealer shall allow an owner of a vehicle to retrieve any personal property within a stored vehicle for up to 30 days from the date which notice was sent pursuant to Code Section 40-11-19. Any personal property left in a vehicle after 30 days from the […]
§ 40-11-19. Notification Letter to Owners; Advertisement; Lien Upon Vehicle; Recoverable Fees; Form Disclaiming Ownership; Demand Letter
Within 15 calendar days of removal or initial storage of a motor vehicle, a towing and storage firm shall send all owners the notification letter form developed by the Council of Magistrate Court Judges for such purpose. Such notification shall be by certified mail or by hand delivery with acknowledgment of such receipt by signature […]
§ 40-11-19.1. Petition to Foreclose a Lien on Motor Vehicle; Answer; Motion for Judgment; Timing; Fees
Not sooner than ten calendar days and not later than six months after compliance with the notice requirements set forth in Code Section 40-11-19, a towing and storage firm, repair facility, or salvage dealer may file an action for a petition to foreclose a lien against the motor vehicle in any magistrate court in the […]
§ 40-11-19.2. Public Sale Authorized Upon Court Order; Procedure Following Satisfaction of Lien; Disposition of Excess Proceeds
As used in this subsection, the term “public sale” means a sale: Held at a place reasonably available to persons who might desire to attend and submit bids; At which those attending shall be given the opportunity to bid on a competitive basis; and Except as otherwise provided in Title 11 for advertising or dispensing […]
§ 40-11-19.3. Certified Copy of Court Order; Obtaining Certificate of Title
The purchaser of a motor vehicle at a sale authorized in this article shall receive a certified copy of the court order from the seller of the vehicle authorizing such sale. Any such purchaser may obtain a certificate of title to such motor vehicle by filing the required application, paying the required fees, and filing […]
§ 40-11-19.4. Development and Publication of Forms by the Council of Magistrate Court Judges; Requirements
Any forms required to be made available by the Council of Magistrate Court Judges under this article shall be developed and published no later than September 1, 2019. Such forms shall be no longer than one page per form, front and back, and every effort shall be made to consolidate any required notice or mailing […]
§ 40-11-19.5. Form for Disclaimer of Motor Vehicle Ownership Interest
DISCLAIMER OF MOTOR VEHICLE OWNERSHIP INTEREST Georgia, County I, (name of motor vehicle owner) do hereby swear that I disclaim any and all ownership interest in: (motor vehicle year, model, and make) (vehicle identification number (VIN)) (vehicle registration number, if available) I understand that by signing this form I will no longer hold any rights […]