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2018 Georgia Code 40-11-4 | Car Wreck Lawyer

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 11. Abandoned, Derelict, and Civil Forfeiture of Motor Vehicles, 40-11-1 through 40-11-24.

ARTICLE 1 ABANDONED AND DERELICT VEHICLES

40-11-4. Creation of lien; courts authorized to foreclose lien.

  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 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.
  2. 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.

(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.)

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).

No results found for Georgia Code 40-11-4.