O.C.G.A.

O.C.G.A. § 40-11-4 (2019)

Creation of lien; courts authorized to foreclose lien

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) Any person who removes or stores any motor vehicle which is or becomes an abandoned motor vehicle shall have a lien on such vehicle for the reasonable fees connected with such removal or storage plus the cost of any notification or advertisement up to the date of retrieval or public sale of such vehicle. Such lien shall exist if the person moving or storing such vehicle is in compliance with Code Section 40-11-2. (b) The lien acquired under subsection (a) of this Code section may be foreclosed in any court which is competent to hear civil cases, including, but not limited to, magistrate courts. Liens shall be foreclosed in magistrate courts only when the amount of the lien does not exceed the jurisdictional limits established by law for such courts.

History

(Ga. L. 1972, p. 342, § 3; Ga. L. 1980, p. 995, § 4; Ga. L. 1981, p. 469, § 3; Ga. L. 1983, p. 884, § 3-28; Ga. L. 1984, p. 22, § 40; Ga. L. 1998, p. 1305, § 2; Ga. L. 2000, p. 951, § 7-1; Ga. L. 2014, p. 807, § 4/HB 753.)

Annotations

JUDICIAL DECISIONS Satisfaction of abandoned motor vehicle lien. - Holder of a security interest in an automobile was entitled to the foreclosure and possession of the vehicle, subject to satisfaction of an abandoned motor vehicle lien acquired by a towing company where the towing company had complied with O.C.G.A. § 40-11-2 and had a proper lien. Atlantic Steel Credit Union v. Shephard, 204 Ga. App. 297, 419 S.E.2d 132 (1992). Owner’s claims for vehicle which was not abandoned. - Repeated and timely claims by owner for owner’s tractor made O.C.G.A. § 40-11-4 inapplicable as vehicle was not ‘‘abandoned.’’ Mays v. Lampkin, 207 Ga. App. 737, 429 S.E.2d 113 (1993). Failure to provide notice. - Because an operator of a towing service provided no written notification as required by O.C.G.A. § 40-11-1 et seq., the operator forfeited any fees that the statute may have provided for towing and storing.

Purser Truck Sales, Inc. v. Horton, 276 Ga. App. 17, 622 S.E.2d 405 (2005). Notice not given for vehicle left at repair shop. - Trial court erred by conditioning a finance company’s writ of possession upon the payment of a repair company’s storage fees because the repair company failed to provide the notice required by the Abandoned Motor Vehicle Act, O.C.G.A. § 40-11-2(f ); thus, it was prevented from recovery of any storage fees. Further, the trial court erred by finding that the vehicle had not been abandoned since neither the finance company nor the title owner of the vehicle had called for the vehicle within 30 days after the vehicle was left with the repair company. Transworld Fin. Corp. v. Coastal Tire & Container Repair, LLC, 298 Ga. App. 286, 680 S.E.2d 143 (2009). Cited in Gearing v. Complete Wrecker Serv., Inc., 187 Ga. App. 242, 370 S.E.2d 9 (1988); A Tow, Inc. v. Williams, 245 Ga. App. 661, 538 S.E.2d 542 (2000).

Notes of Decisions

Cited in 9 cases, 1988–2018 · leading case: Jon Wiley Cronic v. Jeffrey H. Duvall, 820 S.E.2d 780 (Ga. Ct. App. 2018).

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Jon Wiley Cronic v. Jeffrey H. Duvall, 820 S.E.2d 780 (Ga. Ct. App. 2018). · cites it 2× “The trial court had entered the foreclosure order pursuant to the Abandoned Motor Vehicle Act, which provides for the creation *765 of a lien in favor of a person who removes or stores an abandoned vehicle, OCGA § 40-11-4 (a), after Duvall, on Duvall Ford's behalf, filed with…”

Transworld Fin. Corp. v. Coastal Tire & Container Repair, LLC, 680 S.E.2d 143 (Ga. Ct. App. 2009). · cites it 8× “Coastal Tire would only be entitled to recover storage fees under OCGA § 40-11-4 if the vehicle had been abandoned.”

A Tow, Inc. v. Williams, 538 S.E.2d 542 (Ga. Ct. App. 2000). · cites it 4× “” 6 Here ATI claims that under OCGA § 40-11-4 (a) it had a lien on the vehicle for removal and storage costs.”

Mays v. Lampkin, 429 S.E.2d 113 (Ga. Ct. App. 1993). · cites it 6× “because Mays had a lien on Lampkin’s tractor as an abandoned motor vehicle under OCGA § 40-11-4. 1 “Any person who removes or stores any motor vehicle which is or becomes an abandoned motor vehicle shall have a lien on such vehicle for the reasonable fees connected with such…”

Atl. Steel Credit Union v. Shephard, 419 S.E.2d 132 (Ga. Ct. App. 1992). · cites it 4× “The vehicle was lawfully impounded by an arresting police officer who requested that Jenkins tow it, and the vehicle remained on Jenkins’ property in excess of 30 days.”

Purser Truck Sales, Inc. v. Horton, 622 S.E.2d 405 (Ga. Ct. App. 2005). · cites it 2× “” 9 OCGA § 40-11-4 (a), which is part of that Chapter, provides, “Any person who removes or stores any motor vehicle which is or becomes an abandoned motor vehicle shall have a lien on such vehicle for the reasonable fees connected with such removal or storage.”

First Nat'l Bank v. Alvin Worley & Sons, Inc., 472 S.E.2d 568 (Ga. Ct. App. 1996). · cites it 2× “Held: 1. By complying with the Abandoned Motor Vehicles Act, a storage facility may require a lienholder to pay its costs of storing an abandoned vehicle prior to giving the lienholder possession.”

Gearing v. Complete Wrecker Serv., Inc., 370 S.E.2d 9 (Ga. Ct. App. 1988). · cites it 2× “” OCGA §§ 40-11-4; 40-11-5 (2). Thus only those charges are “authorized” under the statute, rendering the repair charges as well as the rental charges “unauthorized” in this sense.”

Danco Fin., Inc. v. Mauldin Body Shop, Inc., 677 S.E.2d 711 (Ga. Ct. App. 2009). · cites it 2× “OCGA § 40-11-4 (a) provides that any person who removes or stores a motor vehicle that is or becomes an abandoned vehicle shall have a lien on the vehicle for the reasonable fees connected with the removal or storage, plus the cost of notification, “if the person moving or…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.