2019 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 11 - Abandoned, Derelict, and Civil Forfeiture of Motor Vehicles
Article 1A - Abandoned Motor Vehicles
§ 40-11-19. Notification letter to owners; advertisement; lien upon vehicle; recoverable fees; form disclaiming ownership; demand letter
(a) (1) 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 of the owner and a copy of such owner's driver's license. Such notification letter shall include, at a minimum:
(A) The location of the vehicle;
(B) The fees connected with the removal of the vehicle, which shall be the maximum allowable charge for the removal of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs or the rate specified pursuant to an agreement with a local governing authority, except when otherwise exempted or provided for by federal law, rule, or regulation;
(C) The daily fees for storage of the vehicle, which shall be the maximum allowable daily rate for the storage of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs or the rate specified pursuant to an agreement with a local governing authority;
(D) A statement informing the recipient that daily fees will accrue until full payment has been made;
(E) A statement informing the recipient that the fees which are recoverable by a towing and storage firm include costs for obtaining the owner's information and notifying the owner, court filing costs, attorney's fees, and interest;
(F) A statement informing the recipient that the towing and storage firm has the right to petition a court to foreclose a lien for all amounts owed after ten calendar days from the date such notice is sent;
(G) A statement informing the recipient that a court may order the sale of the vehicle to satisfy the debt; and
(H) A form to disclaim ownership interest in the motor vehicle by oath or affirmation as set forth in Code Section 40-11-19.5.
(2) If the identity of the owners cannot be ascertained by the department or the department fails to timely furnish the owner information requested pursuant to Code Section 40-11-15 or 40-11-16, the towing and storage firm shall, within 60 days of such removal, place an advertisement in a newspaper of general circulation or the legal organ in the county where such vehicle was obtained. Any advertisement required by this paragraph shall run in the newspaper once a week for two consecutive weeks. The advertisement shall be in the form provided by the Council of Magistrate Court Judges for such purpose. Such advertisement form shall include a space for describing the motor vehicle's year, make, model, and manufacturer's vehicle identification number, the present location of such vehicle, the fact that such vehicle is subject to a lien which can be foreclosed upon, and the fact that such vehicle may be ordered sold to satisfy such lien.
(3) If the identity of an owner which was previously not ascertained becomes known while an advertisement is run pursuant to paragraph (2) of this subsection, the towing and storage firm shall send a notification letter pursuant to the same requirements set forth in paragraph (1) of this subsection within ten days of obtaining such information.
(b) (1) When a motor vehicle has been left with a repair facility for at least 15 days, and no later than 180 days, without payment of amounts owed, the repair facility desiring to file a petition pursuant to Code Section 40-11-19.1 shall send all owners by certified mail the notification letter form developed by the Council of Magistrate Court Judges for such purpose. Such notification letter shall include, at a minimum:
(A) The location of the vehicle;
(B) The fees owed for the repair of the vehicle;
(C) The daily fees for storage of the vehicle after completion of the repairs, which shall be the maximum allowable daily rate for the storage of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs;
(D) A statement informing the recipient that daily fees will accrue until full payment has been made;
(E) A statement informing the recipient that the fees which are recoverable by the repair facility include costs for obtaining the owner's information and notifying the owner, court filing costs, attorney's fees, and interest;
(F) A statement informing the recipient that the repair facility has the right to petition a court to foreclose a lien for all amounts owed in ten calendar days;
(G) A statement informing the recipient that a court may order the sale of the vehicle to satisfy the debt; and
(H) A form to disclaim ownership interest in the motor vehicle by oath or affirmation as set forth in Code Section 40-11-19.5.
(2) If the department fails to timely furnish the information regarding additional owners requested pursuant to Code Section 40-11-16, the repair facility shall, within 60 days of such failure, place an advertisement in a newspaper of general circulation or the legal organ in the county where the repair facility is located. Any advertisement required by this paragraph shall run in the newspaper once a week for two consecutive weeks. The advertisement shall be in the form provided by the Council of Magistrate Court Judges for such purpose. Such advertisement form shall include, at a minimum, a space for describing the motor vehicle, its license and manufacturer's vehicle identification numbers, the name of the person who left the vehicle with the repair facility, the present location of such vehicle, any information available relating to an owner, the fact that such vehicle is subject to a lien which can be foreclosed upon, and the fact that such vehicle may be ordered sold to satisfy such lien.
(3) If the identity of an owner which was previously not ascertained becomes known while an advertisement is run pursuant to paragraph (2) of this subsection, the repair facility shall send a notification letter pursuant to the same requirements set forth in paragraph (1) of this subsection within ten days of obtaining such information.
(c) (1) When a motor vehicle has been left with a salvage dealer for at least 15 days, and no later than 60 days, after determination by an insurance company to deny the owner's claim has been communicated to the salvage dealer, the salvage dealer desiring to file a petition to foreclose a lien pursuant to Code Section 40-11-19.1 shall send all owners by certified mail, the notification letter form developed by the Council of Magistrate Court Judges for such purpose. Such notification letter shall include, at a minimum:
(A) The location of the vehicle;
(B) The daily fees for storage of the vehicle, which shall be the maximum allowable daily rate for the storage of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs;
(C) A statement informing the recipient that daily fees will accrue until full payment has been made;
(D) A statement informing the recipient that the fees which are recoverable by the salvage dealer include costs for obtaining the owner's information and notifying the owner, court filing costs, attorney's fees, and interest;
(E) A statement informing the recipient that the salvage dealer has the right to petition a court to foreclose a lien for all amounts owed in ten calendar days;
(F) A statement informing the recipient that a court may order the sale of the vehicle to satisfy the debt; and
(G) A form to disclaim ownership interest in the motor vehicle by oath or affirmation as set forth in Code Section 40-11-19.5.
(2) If the department fails to timely furnish the information regarding additional owners requested pursuant to Code Section 40-11-16, the salvage dealer shall, within 60 days of the last communication described in paragraph (1) of this subsection, place an advertisement in a newspaper of general circulation or the legal organ in the county where the salvage dealer is located. Any advertisement required by this paragraph shall run in the newspaper once a week for two consecutive weeks. The advertisement shall be in the form provided by the Council of Magistrate Court Judges for such purpose. Such advertisement form shall include, at a minimum, a space for describing the motor vehicle, its license and manufacturer's vehicle identification numbers, the name of the insurance company from which the vehicle was obtained or which requested the vehicle removal, the present location of such vehicle, any information available relating to an owner, the fact that such vehicle is subject to a lien which can be foreclosed upon, and the fact that such vehicle may be ordered sold to satisfy such lien.
(3) If the identity of an owner which was previously not ascertained becomes known while an advertisement is run pursuant to paragraph (2) of this subsection, the salvage dealer shall send a notification letter pursuant to the same requirements set forth in paragraph (1) of this subsection within ten days of obtaining such information.
(d) Any towing and storage firm, repair facility, or salvage dealer shall have a lien on a motor vehicle located on its property in the amount of any unpaid and incurred fees upon compliance with the notice requirements of this Code section. Fees that have actually been incurred by any towing and storage firm, repair facility, or salvage dealer and which are documented to the court are recoverable under such lien and shall be limited to the following:
(1) (A) For a towing and storage firm, the rate specified pursuant to an agreement with a local governing authority if the removal was upon the request of a peace officer, or the maximum allowable charge for the removal of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs if the removal was not upon the request of a peace officer, except when otherwise exempted or provided for by federal law, rule, or regulation; or
(B) For a repair facility or salvage dealer, the maximum allowable charge for the removal of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs;
(2) (A) For a towing and storage firm, the daily storage rate specified pursuant to an agreement with a local governing authority if the removal was upon the request of a peace officer, or the maximum allowable daily rate for storage of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs if the removal was not upon the request of a peace officer, multiplied by the number of days such motor vehicle has been stored to the date any judgment is issued plus 25 days; or
(B) For a repair facility or salvage dealer, the maximum allowable daily rate for the storage of the motor vehicle as set forth by rule and regulation of the Department of Public Safety for maximum state-wide rate tariffs multiplied by the number of days such motor vehicle has been stored from the date notification required under this Code section was received to the date any judgment is issued plus 25 days;
(3) For a repair facility, all outstanding charges or fees for repairs;
(4) The cost of obtaining owner information from the department pursuant to this article;
(5) The cost of any notification to owners required by this article, including any costs of advertising;
(6) The cost to file an action pursuant to Code Section 40-11-19.1 and the cost of the certified order;
(7) Attorney's fees, which shall be 15 percent of the total amount of the lien for recoverable fees and shall be awarded for appearance as attorney of record on the matter before the court; and
(8) Any prejudgment interest from the date which notification pursuant to this Code section was deemed received at a rate of 4 percent per annum.
Any fees listed in this subsection which have been paid to a towing and storage firm, repair facility, or salvage dealer by an owner or any third party shall not be included in a lien.
(e) The receipt of a properly notarized form disclaiming ownership in a motor vehicle shall be filed with the action provided for in Code Section 40-11-19.1, but shall not be deemed to relieve a towing and storage firm, repair facility, or salvage dealer of any obligation to any other owners of such vehicle under this article. Such form shall be evidence to be considered by the court in any action filed pursuant to Code Section 40-11-19.1.
(f) If at any time prior to filing a petition to foreclose a lien pursuant to Code Section 40-11-19.1, a repair facility receives a demand from an owner pursuant to subsection (b) of Code Section 40-3-54, such repair facility shall, within 30 days, institute foreclosure proceedings pursuant to such Code section or to Code Section 40-11-19.1. If upon receipt of such demand a repair facility fails to institute foreclosure proceedings pursuant to either Code section, the lien is forfeited. Receipt of such demand shall relieve the repair facility from the notification requirement set forth in paragraph (1) of subsection (b) of this Code section.
Code 1981, § 40-11-19, enacted by Ga. L. 2019, p. 872, § 5/HB 307.
