Checklist For Processing Abandoned Motor Vehicles for vehicles acquired after January 1, 2003 INFO & FORMS ON INTERNET: www.gwinnettcourts.com O.C.G.A. 40-11-1, et.seq., has been substantially revised. These revisions apply to all motor vehicle deemed abandoned after January 1, 2003. Please verify that the Department of Motor Vehicles has not published any new documents connected with the new procedures. When those documents are published, they must be utilized. Owner is defined by O.C.G.A. 40-11-1(3): Owner means registered owner, the owner as recorded on title, lessor, lessee, security interest holders & all lienholders as show on the records of Dept. of Motor Vehicle Safety. All of these persons must be given all the notices required by this statute. You will find certain requirements that you give notice to the last known owner of the vehicle. Certified mail, registered mail or statutory overnight delivery is defined as follows: 9-10-12. Certified mail equivalent to registered mail; sufficient compliance for notice by statutory overnight delivery. Statute text (a) Whenever any law, statute, Code section, ordinance, rule, or regulation of this state or any officer, department, agency, municipality, or governmental subdivision thereof provides that a notice shall be given by "registered mail," the notice may be given by "certified mail." (b) Whenever any law, statute, Code section, ordinance, rule, or regulation of this state or any officer, department, agency, municipality, or governmental subdivision thereof provides that a notice may be given by "statutory overnight delivery," it shall be sufficient compliance if: (1) Such notice is delivered through the United States Postal Service or through a commercial firm which is regularly engaged in the business of document delivery or document and package delivery; (2) The terms of the sender's engagement of the services of the United States Postal Service or commercial firm call for the document to be delivered not later than the next business day following the day on which it is received for delivery by the United States Postal Service or the commercial firm; and (3) The sender receives from the United States Postal Service or the commercial firm a receipt acknowledging receipt of the document which receipt is signed by the addressee or an agent of the addressee. Checklist Event Vehicle Towed Notify local law enforcement agency of the location of vehicle, the VIN, license number, model, year, and make of vehicle Owner & Lien info requested from law enforcement 40-112(a)(b) N/A Within 3 business days of removal of vehicle. Within 3 business days of removal of vehicle. Deadline Date Completed -1- Q:\MAGFORMS\MAG 40-07, Checklist for Processing AMV - American LegalNet, Inc. www.FormsWorkFlow.com First Notice to All Owners & Lienholders By Certified or Registered Mail or statutory overnight delivery 40-11-2(d). Notice must list: 1. 2. 3. Date of removal of vehicle; all fees connected with removal and storage of such vehicle; that such motor vehicle will be deemed abandoned under this chapter unless the owner, security interest holder, or lienholder redeems such motor vehicle within 30 days of the day such vehicle was removed. Within 7 calendar days of removal of vehicle (or forfeit storage fees) [ ] 7th day ended on Sat., Sun., or legal holiday and notice was given next day, OR Within 1 business day after the owner lienholder information is received by the remover or storer from law enforcement, WHICHEVER IS LATER. Within 7 calendar days of the 30 day deadline from date vehicle removed MV-603. Notice of Abandoned Motor Vehicle and Request for Information + $2.00 Research fee. Affidavit Filed Within 7 Calendar Days Vehicle Became Abandoned 4011-2(e). http://www.dmvs.ga.gov/forms/pdf/mv-603.pdf Research fees & request can be submitted to either the Dept. of Motor Vehicles or to the Tax Commissioner in which the storer=s place of business is located. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, such person shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle. Information Received from DMV or Tax Commissioner=s office As of this time, the DMV had indicated that they will generate a form notice to be mailed to all registered owners & lien holders. Keep a copy for your records and to later be filed with the court. This notice applies ONLY when owner/lienholder ascertained solely thru DMV: Notice(s) to Owner & Lienholder By Certified or Registered Mail or statutory overnight delivery of vehicle location and the fact such vehicle is deemed abandoned and shall be disposed of if not redeemed. 40-11-2(f) You must make a demand upon owners for payment of all reasonable fees for removal or storage of vehicle and attach an itemized statement of charges. This must be made at least ten (10) days prior to filing lien affidavit with court. See Lien Foreclosure procedure, below. (No deadline) Within 5 calendar days of receipt of DMV info, excluding Sat., Sun., & legal holidays. -2- Q:\MAGFORMS\MAG 40-07, Checklist for Processing AMV - American LegalNet, Inc. www.FormsWorkFlow.com If owner/lienholder CANNOT be ascertained: 40-11-2-(g). Sample Notice: 40-11-2(g). Newspaper notice: NOTICE OF ABANDONED MOTOR VEHICLE Re:______________ automobile, (give year, model, make) Mfr. ID No. ______________________ License No. _____________________ Color ______________; _________ Door Body Style: ___________________ TO WHOM IT MAY CONCERN: The above automobile was initially removed from (address of that location). It is presently located at (address where it is now stored), in possession of (your business name.) Attempts to locate the owner have been unsuccessful. The vehicle is deemed abandoned under O.C.G.A. 40-112 and will be disposed of if not redeemed. This notice is given pursuant to Georgia law. Vehicle is recovered, claimed by owner, determined to be stolen, or for any reason is no longer an abandoned motor vehicle. 40-11-2(i). Immediately place an advertisement in a newspaper of general circulation in the county where such vehicle was obtained. Such advertisement shall run in the newspaper once a week for two consecutive weeks. (In counties which do not have a general circulation newspaper, the notice must be posted in the courthouse for two consecutive weeks.) The adve