COURT COUNTY . . . . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : File IndexNo. No. STATE OF NORTH CAROLINA : County Name Of Defendant -against- State Vehicle Identification No. Vehicle License No. Superior Court Division District Plaintiff(s) Defendant's Drivers License No. In No. CalendarThe General Court Of Justice State : JUDICIAL SUBPOENA LIENHOLDER'S PETITION : FOR RELEASE OF SEIZED MOTOR VEHICLE : NOTICE OF HEARING/WAIVER AND ORDER : G.S. 20-28.2(d), 20-28.2(f), 20-28.3(e3) Vehicle Type Year Make Date Defendant(s)Of Seizure Date Of Offense : ...................................................... I. PETITION The motor vehicle described above was seized on the date shown above pursuant to G.S. 20-28.3(a). The undersigned petitions for: (Check one or both, as applicable) THE PEOPLE OF THE STATE OF NEW YORK pretrial release of the motor vehicle pursuant to G.S. 20-28.3(e3), after a hearing on this Petition to be held upon ten (10) days prior notice to all interested parties. TO post-trial release of the motor vehicle pursuant to G.S. 20-28.2(f), after the hearing on the forfeiture of the vehicle. The undersigned states: 1. The petitioner is: a. an individual. GREETINGS: b. a firm or corporation acting through the undersigned agent. 2. The petitioner holds a security interest in the motor vehicle that had been perfected at the time of the seizure and appears on the WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before title to the vehicle. the Honorable at the Court 3. Default on the obligation secured by the motor vehicle has occurred and the vehicle owner is in default under the terms of the located at County of security instrument evidencing the petitioner's interest in the vehicle. in room court may , on the day of documentation20 supports the allegation thatin the , that , at o'clock the vehicle owner is in default. recessed noon, and at any NOTE: The require petitioner to present or adjourned date, to default, the petitioner is entitled witness in this action on the part 4. As a consequence of thetestify and give evidence as ato possession of the motor vehicle. of the 5. The petitioner agrees to sell the motor vehicle in accordance with the terms of the security agreement and pursuant to the provisions of Part 6 of Article 9 of Chapter 25 of the General Statutes, and pay to the Clerk of Superior Court the proceeds from the sale, less the amount of the lien and less the towing and storage costs paid by the petitioner. Your failure to comply with this subpoena is punishable as a contempt to court and will make you liable 6. The petitioner agrees not to sell, give or otherwise transfer possession of the motor vehicle of the defendant, to the motor vehicle to owner or to on whose behalfon behalf of the defendant or the motor vehicle owner. NOTE: A and all damages sustained as a the party any person acting this subpoena was issued for a maximum penalty of $50 lienholder who refuses to sell, give or transfer possession of the motor vehicle to the defendant, the motor vehicle owner or any person acting on behalf of the defendant or the motor result of your not be to comply. vehicle owner shallfailureliable for damages arising out of such refusal. G.S. 20-28.2(f); G.S. 20-28.3(e3). 7. The motor vehicle has not previously been released to the petitioner. Witness, Honorable Name, Address And Telephone No. Of Petitioner (Type Or Print) Court in County, , one of the Justices of the Date day of , 20 Signature Of Petitioner Drivers License No. (Individual Petitioner Only) Date (Attorney must sign above and type name below) II. NOTICE OF HEARING To each registered owner and titled owner of the motor vehicle described above, to the attorney for the board of education of the county named above, and to the District Attorney for the prosecutorial district that includes the county named above: Attorney(s) for A hearing on the above petition will be held on the date and at the time and location shown below. Date Of Hearing Time Of Hearing Date Name Of Petitioner AM PM Location Of Hearing Signature Of Petitioner Office and P.O. Address NOTE TO PETITIONER: If, when this petition is filed, all parties have not signed the "Waiver Of Hearing And Consent To Release" on Side Two, you must obtain a date, time and location for a hearing on this petition in accordance with any calendaring practices in effect in this district. You must insert that information in the "Notice Of Hearing" on Side One, date and sign the "Notice Of Hearing", and serve a copy of the Petition and Notice of Telephone No.: Hearing on all interested parties. You must then file a certificate of service in this case, showing who was served and by what means. Service may be made by delivering a copy to the person to be served or mailing a copy to that person at the person'sNo.:known address. Facsimile last AOC-CR-334, Rev. 12/06 © 2006 Administrative Office of the Courts (Over) E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.FormsWorkflow.com , COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. III. WAIVER OF HEARING AND CONSENT TO RELEASE Each undersigned party waives a hearing on the above Petition and consents to the release of the motor vehicle described above to : the petitioner pursuant to G.S. 20-28.3(e3). Calendar No. Party Name Registered Owner Date Plaintiff(s) Titled Owner -against- : Signature JUDICIAL SUBPOENA : District Attorney : School Board Attorney IV. CLERK'S ORDER RELEASING MOTOR VEHICLE ON PARTIES' CONSENT : On the petition of the lienholder named on the reverse side for release of the motor vehicle described on the reverse side, the undersigned finds: Defendant(s) : 1. All interested parties have waived notice and a hearing on the petition and have consented to the release of the motor vehicle . .to . . . petitioner, .as.evidenced .by.their . . . . . . . . . . . . . . . . . . . . . . . . . . the . . . . . . . . . . . . . . . . . . . signatures above. 2. The petitioner holds a security interest in the motor vehicle that had been perfected at the time of the seizure and appears on the title to the vehicle. 3. The petitioner has agreed not to sell, give, or transfer possession of the motor vehicle to the defendant named on the reverse side or to the motor vehicle owner. THE PEOPLE OF that the motor OF NEW YORK Therefore, it is ORDERED THE STATE vehicle described on the reverse side be released to the petitioner upon payment of all towing and storage charges incurred as a result of the seizure and impoundment of that vehicle, and the Clerk of Superior Court shall disburse to the lienholder any funds being held by the Clerk representing proceeds of insurance for damage to the motor vehicle. The TO petitioner shall not sell, give or otherwise transfer possession of the motor vehicle to the defendant or to the motor vehicle owner. NOTE: Violation of this condition shall be punishable by civil or criminal contempt. G.S. 20-28.3(e3). In addition, see the NOTICE TO PARTY OBTAINING RELEASE below. Date Signature Assistant CSC GREETINGS: Clerk Of Superior Court V. JUDGE'S ORDER ON PETITION AFTER HEARING WE the Court on the petition of all business and excuses reverse side for release of the motor you attend before This matter is before COMMAND YOU, that the lienholder named on the being laid aside, you and each of vehicle described on the reverse side. A hearing was held before the Court on this date. A copy of the Court and a notice of the hearing were served petition the Honorable at the by the petitioner on all interested parties at least ten (10) days prior to the hearing, as evidenced by the petitioner's certificate of located at County in service on file of this case. in room , on the day of 20 , the o'clock in greater weight ofand at any recessed noon, the evidence that: On the basis of the evidence presented and the entire record in, this case,at Court finds by the the 1.or adjourned date, to testify and givein the motoras a witnesshad this action on thethe time of the seizure and appears on The petitioner holds a security interest evidence vehicle that in been perfected at part of the the title to the vehicle. 2. Default on the obligation secured by the motor vehicle has occurred and the motor vehicle owner is in default under the terms of the security instrument evidencing the petitioner's interest in the vehicle. 3. As a consequence of the default, the petitioner is entitledis punishable of the motor vehicle. Your failure to comply with this subpoena to possession as a contempt of court and will make you liable to 4.the party on whose behalf this the motor vehicleissued for a maximum penalty of $50 and all damages sustainedthe a The petitioner has agreed to sell subpoena was in accordance with the terms of the security agreement and pursuant to as provisions of Part 6 of Article 9 of Chapter 25 of the General Statutes, and pay to the Clerk of Superior Court the proceeds from result of your the amountcomply. and less the towing and storage costs paid by the petitioner. the sale, less failure to of the lien 5. The petitioner has agreed not to sell, give or otherwise transfer possession of the motor vehicle to the defendant or to the motor vehicle owner. Witness, Honorable , one of the Justices of the 6. The motor vehicle has not previously been released to the petitioner. Court in that: County, day of , 20 It is ORDERED 1. The motor vehicle described on the reverse side be released to the petitioner upon payment of all towing and storage charges incurred as a result of the seizure and impoundment of that vehicle, and the Clerk of Superior Court shall disburse to the lienholder any funds being held by the Clerk representing proceeds of insurance for damage to the motor vehicle. The petitioner shall not sell, give or otherwise transfer possession of the motor vehicle tosign above and type to the below) vehicle (Attorney must the defendant or name motor owner. NOTE: Violation of this condition shall be punishable by civil or criminal contempt. G.S. 20-28.3(e3). 2. The petition is denied. The motor vehicle shall remain impounded pending further orders of the Court. Date Name Of Presiding Judge (Type Or Print) Signature Of Presiding Judge Attorney(s) for NOTICE TO PARTY OBTAINING RELEASE: "[W]ithin 30 days of the date of the court's [release] order, the owner must make payment of the outstanding towing and storage costs for the motor vehicle and retrieve the motor vehicle, or give notice to [the] Division of Motor Vehicles requesting a judicial hearing on the validity of any mechanics' lien on the motor vehicle for towing and storage costs." G.S. 20-28.4. CERTIFICATION Office and P.O. Address The foregoing is a true and correct copy of the original on file in this office. Date Signature Deputy CSC Assistant CSC Telephone No.: Clerk Of Superior Court NOTE TO CLERK: The Clerk shall report to DMV by electronic means (STARS) the Facsimile No.: release. G.S. 20-28.8. The Clerk may also entry of an order of send a copy of the order of release to the county school board attorney and District Attorney. E-Mail Address: Mobile Tel. No.: AOC-CR-334, Side Two, Rev. 12/06 © 2006 Administrative Office of the Courts American LegalNet, Inc. www.FormsWorkflow.com ,