Complaint To Enforce Possessory Lien On Motor Vehicle Form. This is a North Carolina form and can be use in Small Claims Statewide.
Tags: Complaint To Enforce Possessory Lien On Motor Vehicle, CVM-203, North Carolina Statewide, Small Claims
STATE OF NORTH CAROLINA CountyIn The General Court Of JusticeDistrict Court Division - Small Claims File No. COMPLAINT TO ENFORCEPOSSESSORY LIEN ONMOTOR VEHICLE1. þ The lien claimed arose in the county named above.2a.þ þ I repair, service, tow or store motor vehicles in the ordinary course of business. þ b. þ þ þ I am an operator of a place of business for garaging or parking motor vehicles for the public and the motor vehicle listed below has remained unclaimed for at least 10 days. þ þ þ I am a landowner on whose property the motor vehicle listed below has been abandoned for at least 30 days. The property was not left by a tenant. [G.S. 42-25.9(g); 44A-2(e2)]3. þ I came into possession of the motor vehicle described on the date shown below, am in possession of the vehicle, and claim a possessory lien on this vehicle for the amounts indicated below plus storage at the þ The defendants are the registered owner of the vehicle and the known secured party(ies).5. þ I gave notice of an unclaimed vehicle to the Division of Motor Vehicles on the date listed above.6. þ I have given notice to the North Carolina Division of Motor Vehicles that a lien is asserted, and sale is proposed for the above described motor vehicle. þ (Over) Name Of Plaintiff Or Attorney (type or print)Signature Of Plaintiff Or AttorneyDate G.S. 7A-211.1; 20-77(d); 44A-2(d), 44A-4(b), (e) Storage Cost to DateVehicle Rental$(Plus Storage At Per Day Until Sold)Total Lien Claimed To DateTowing$$$$$Repairs CountyName And Address Of PlaintiffName And Address Of Defendant 1Name And Address Of Defendant 2CountyTelephone No. Telephone No.Telephone No.Name And Address Of Plaintiff222s AttorneyAttorney Bar No.CountyVERSUS American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS TO PLAINTIFF OR DEFENDANT þ the Division of Motor Vehicles. Contact your local Division of Motor þ the claim arose (i.e., where the motor vehicle was repaired, towed or stored).3. þ The PLAINTIFF cannot sue in small claims court for more than $10,000.00. This amount may be lower, depending on local judicial order. If the amount is lower, it may be any amount between $5,000.00 and $10,000.00, as determined by the chief district court judge of the judicial district.4. þ The registered owner of the vehicle and any secured parties listed with the Division of Motor Vehicles must be made defendants in the case. The PLAINTIFF must show the complete name and address of the defendant to ensure service on the defendant. If there are two defendants and they reside at different addresses, the plaintiff must include both addresses. The plaintiff must determine if the defendant is a corporation and sue in the complete corporate name. If the business is not a corporation, the plaintiff must determine the owner222s name and sue him/her.5. þ The PLAINTIFF may serve the defendant(s) by mailing a copy of receipt requested, addressed to the party to be served or by paying the costs to have the sheriff serve the summons and complaint. If statement with the Clerk of Superior Court proving service by showing that the letter was accepted. If the name or address of the vehicle owner cannot be determined, service by publication is authorized. In that case plaintiff may want to consult an attorney. þ this Complaint. In the event that judgment is rendered in favor of the plaintiff, court costs may be charged against the defendant. þ relieve the defendant of the need to appear before the magistrate to assert the defendant222s defense. þ before the magistrate.9. þ The PLAINTIFF or the DEFENDANT may appeal the magistrate222s decision in this case. To appeal, notice must be given in open court when the judgment is rendered, or notice may be given in writing to the Clerk of Superior Court within ten (10) days after the judgment is rendered. If notice is given in writing, the appealing party must also serve written notice of appeal on all other parties. The appealing party must PAY to the Clerk of Superior Court the costs of court for appeal within twenty (20) days after the judgment is rendered. THIS FORM IS SUPPLIED IN ORDER TO EXPEDITE THE HANDLING OF SMALL CLAIMS. IT IS DESIGNED TO COVER THE MOST COMMON CLAIMS. QUESTIONS ABOUT THE ADEQUACY OF THIS FORM OR WHETHER IT IS THE APPROPRIATE FORM TO BE USED SHOULD BE ADDRESSED TO AN ATTORNEY. American LegalNet, Inc. www.FormsWorkFlow.com