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
: Defendant(s) : ...................................................... File No. STATE OF NORTH CAROLINA In The General Court Of Justice District Court Division-Small Claims County THE PEOPLE OF THE STATE OF NEW YORK COMPLAINT TO ENFORCE POSSESSORY LIEN ON MOTOR VEHICLE 1. TO 2a. b. The lien claimed arose in the county named above. I repair, service, tow or store motor vehicles in the ordinary course of business. 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. G.S. 7A-211.1; 20-77(d), 44A-2(d), 44A-4(b)(e) GREETINGS: am a landowner on whose property the motor vehicle listed below has been abandoned for at least c. I Name And Address Of Plaintiff 30 days. The property was not left by a tenant. [G.S. 42-25.9(g); 44A-2(e2)] WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before 3. I the Honorable came into possession of the motor vehicle described on the date shown below, am in possession of , at the Court located at County of the vehicle, and claim a possessory lien on this vehicle for the amounts indicated below plus storage at the, rate indicated from this date until the lien is satisfied. in room on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Make/Year Of Vehicle County Telephone No. ID Number Repairs Name And Address Of Defendant 1 $ Storage Cost to Date VERSUS $ Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to Date Of Possession the party on whose behalf this subpoena was issued for a maximum penalty of $50 and$all damages sustained as a Towing result of your failure to comply. Date Storage Began Witness, Honorable Date Notice Of Unclaimed Vehicle Given Court in County Telephone No. , one of the Justices of the County, day of (Plus Storage @ $ Name And Address Of Defendant 2 , 20 Vehicle Rental Per Day Until Sold) Total Lien Claimed To Date $ $ (Attorney must sign above secured party(ies). The defendants are the registered owner of the vehicle and the knownand type name below) 5. I gave notice of an unclaimed vehicle to the Division of Motor Vehicles on the date listed above. 6. County 4. 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. Attorney(s) for Telephone No. I demand that this Court declare the lien valid and enforceable by sale and order that the North Carolina Division of Motor Vehicles transfer title to the person who purchases at the sale upon proof Office and P.O. Address that proper notice of sale has been given. Name And Address Of Plaintiff's Attorney Date AOC-CVM-203, Rev. 3/05 2005 Administrative Office of the Courts Signature Of Plaintiff Or Attorney Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: (Over) American LegalNet, Inc. www.USCourtForms.com : Defendant(s) : ...................................................... INSTRUCTIONS TO PLAINTIFF OR DEFENDANT THE PEOPLE OF THE STATE OF NEW YORK 1. Before filing this Complaint, you must have filed certain forms with the Division of Motor Vehicles. Contact your local Division of Motor TO Vehicles office. 6. The PLAINTIFF must pay advance court costs at the time of filing this Complaint. In the event that judgment is rendered in favor of the plaintiff, court costs may be charged against the defendant. 2. The PLAINTIFF must file a small claim action in the county where the claim arose (i.e. where the motor vehicle was repaired, towed or GREETINGS: stored). 7. The DEFENDANT may file a written answer, making defense to the claim, in the office of the Clerk of Superior Court. This answer should be accompanied by a copy for the plaintiff and be filed no later than the time set for trial. The filing of aside, you DOES NOT relieve the WE COMMAND YOU, that all business and excuses being laid the answerand each of you attend before defendantthe the need to appear before the magistrate to assert the 3. The PLAINTIFF cannot sue in small claims court if the lien is for more , the Honorable at of Court than $5,000.00. defendant's defense. located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed 4. The registered owner of the vehicle and any secured parties listed with 8. Whether or not an answer is filed, the PLAINTIFF must appear before or adjourned date, to testify and give evidence as a witness in this action on the part of the the Division of Motor Vehicles must be made defendants in the case. the magistrate. The PLAINTIFF must show the complete name and address of the defendant to ensure service on the defendant. If there are two 9. The PLAINTIFF or the DEFENDANT may appeal the magistrate's defendants and they reside at different addresses, the plaintiffto comply with this subpoena is punishable as aappeal, notice must be will make you court to must decision in this case. To contempt of court and given in open liable Your failure include both addresses. The plaintiff must determine whosedefendant issubpoena was issued for a maximum penaltyor notice may be given insustained as a if the behalf this when the judgment is rendered, of $50 and all damages writing to the the party on a corporation and sue in the complete corporate name. Clerk of Superior Court within ten (10) days after the judgment is result of your failure to comply. If the business is not a corporation, the plaintiff must determine the rendered. If notice is given in writing, the appealing party must also owner's name and sue him/her. serve written notice of appeal on all other parties. The appealing party Witness, Honorable , one of the costs of court must PAY to the Clerk of Superior Courtthe Justices of the for appeal Court in day of within twenty 20 days after the judgment is rendered. , (20) of the 5. The PLAINTIFF may serve the defendant(s) by mailing a copyCounty, summons and complaint by registered or certified mail, return receipt requested, addressed to the party to be served or by paying the costs This form is supplied in order to expedite the handling of small claims. to have the sheriff serve the summons and complaint. If certified or It is designed to cover the most sign above and type name below) about the (Attorney must common claims. Questions registered mail is used, the plaintiff must file a sworn statement with the adequacy of this form or whether it is the appropriate form to be used Clerk of Superior Court proving service by certified mail and must should be addressed to an attorney. attach to that statement the postal receipt showing that the letter was Attorney(s) for 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. Office and P.O. Address AOC-CVM-203, Side Two, Rev. 3/05 2005 Administrative Office of the Courts Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com