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2018 Georgia Code 40-3-38 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-3-38 Case Law from Google Scholar Amendments to OCGA 40-3-38

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 3. Certificates of Title, Security Interests, and Liens, 40-3-1 through 40-3-95.

ARTICLE 2 CERTIFICATES OF TITLE

40-3-38. Fees.

  1. An application for a certificate of title shall be accompanied by the required fee when mailed or delivered to the commissioner or a designated agent.
  2. An application for the naming of a lienholder on a certificate of title shall be accompanied by the required fee when mailed or delivered to the commissioner or a designated agent.
  3. The commissioner shall be paid a fee of $18.00 for the filing of an application for any certificate of title and for the filing of the notice of a security interest or a lien on vehicles not required by law to be titled in this state.The commissioner may, by appropriate regulation, provide for additional fees not to exceed $18.00 for the special handling of applications for certificates of title and related documents. The commissioner shall be paid a fee of $8.00 for the filing of an application for a replacement certificate of title.The fee for issuance of a replacement certificate of title shall be the same whether mailed or delivered to the commissioner or an agent.
  4. The above fees shall be required of all applicants except the State of Georgia and the United States of America.

(Ga. L. 1961, p. 68, § 18; Ga. L. 1969, p. 92, §§ 2, 3; Ga. L. 1981, p. 883, § 8; Code 1981, §40-3-36; Ga. L. 1984, p. 1194, § 2; Ga. L. 1985, p. 485, § 1; Code 1981, §40-3-38, as redesignated by Ga. L. 1990, p. 2048, § 3; Ga. L. 1992, p. 779, § 17; Ga. L. 1994, p. 1851, § 2.)

JUDICIAL DECISIONS

Fee not applicable to post- certificate transactions.

- Clear language of O.C.G.A. § 40-3-38(c) states that the charge authorized is one for an application for a certificate of title. When there is merely a subsequent transaction affecting title to a motor vehicle, there is no need or basis for application for a certificate of title on the vehicle, only a need to reflect the transaction on the already-existing certificate of title. Additionally, O.C.G.A. § 40-3-27 specifically addresses that situation and limits the fee to $5.00. Fryer v. Easy Money Title Pawn, Inc., 183 Bankr. 654 (Bankr. S.D. Ga. 1995).

Cited in Johnsen v. Collins, 875 F. Supp. 1571 (S.D. Ga. 1994).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 71. 66 Am. Jur. 2d, Records and Recording Laws, § 70.

C.J.S.

- 60 C.J.S., Motor Vehicles, §§ 96 et seq., 307 et seq.

U.L.A.

- Uniform Motor Vehicle Certificate of Title and Anti-Theft Act (U.L.A.) § 17.

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