Abandoned Motor Vehicles
In order for your Petition to be properly processed, please consult your legal advisor and all appropriate section of the law including O.C.G.A. 40-11-2, et seq. Then complete the following procedures before filing a Foreclosure of Abandoned Motor Vehicle in Carroll County:
A. Prior to filing a Petition for Foreclosure of Abandoned Motor Vehicle:
- Send proper notice to the Motor Vehicle Division of the Department of Revenue (DMV) requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders.
- Check the motor vehicle records of another state if you have reason to believe that the vehicle is registered or titled in such other state.
- Notify all owners, lessors, lessees, security interest holders, and lienholders listed on the DMV printout and/or the records of another state by registered or certified mail of the location of the vehicle and the fact that it is deemed abandoned and shall be disposed of if not redeemed.
- If the identity of the owner cannot be ascertained, advertise in the Marietta Daily Journal once a week for two consecutive weeks.
- Make written demand for payment upon all ascertained owners, lessors, lessees, security interest holders, and lienholders. If within ten (10) days of delivery of said demand, the ascertained persons fail to respond or refuse to pay, a Petition to Foreclose Abandoned Motor Vehicle may be filed.
B. Upon filing your Petition to Foreclose, submit the following (do not staple):
- A copy of the Georgia Motor Vehicle Services or Vehicle Title & Tag Information sheet (contact the court for a copy).
- A copy of the advertisement, if applicable (See A3).
- A $37.00 filing fee.
C. Within thirty (30) days after the date of a public sale:
- Submit a copy of the bill of sale, as provided to the purchaser, with the corresponding civil action case number.
- Submit all proceeds of the sale exceeding the amount of the lien stated in the order to the clerk of court.
Your petition will be returned or dismissed if the above procedures are not followed correctly and in a timely fashion.