Judgement Against Abandoned Motor Vehicle (Repair Facility) - Georgia Magistrate Court

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IN THE MAGISTRATE COURT OF WALTON COUNTY, STATE OF GEORGIA
Civil Action#: ______________________________
_____________________________________________
*
*
JUDGMENT AGAINST ABANDONED MOTOR
Plaintiff/Lien Claimant
Vs.
*
VEHICLE (REPAIR FACILITY)
*
_____________________________________________
*
*
Motor Vehicle (list year, make, model)
_____________________________________________
*This is a case involving a vehicle repaired by a repair facility*
Vehicle Identification Number (VIN#)
_____________________________________________
Tag number (list State, if applicable)
The last known owner(s) &/or lienholder(s): __________________________________________________________________________________________________
__________________________________________________________________________________________________
OR:
ARE UNKNOWN
The above styled case having come before this Court, and Plaintiff having represented to the Court, under oath/affirmation, that the last known registered owner(s) &/or
lienholder(s) have:
FILED OR:
Not filed a petition in any Court of competent jurisdiction connected with the above listed motor vehicle, pursuant to O.C.G.A. § 40-11-5, and the following provisions
have been met;
Notice and request for information was given to the Department of Motor Vehicles (MV-603) within (7) calendar days from the date the vehicle became
abandonded;
First notice was sent within (5) calendar days of date:
Vehicle information received from Department of Motor Vehicles (or)
Date vehicle became abandoned to last known registered owner (hereinafter “LKRO”) &/lienholder;
More than (30) days have passed since vehicle became abandoned;
Demand was made by:
Certified Mail
Registered mail/letter
Statutory overnight delivery: which included an itemize statement of
all charges to “LKRO”/lienholder for payment and more than (10) days have passed since that notice was delivered to the address of the “LKRO”/lienholder;
“LKRO”/lienholder are unknown and legal notice has been published in the newspaper once a week for (2) consecutive weeks;
This action was filed within (1) year from date lien recorded or vehicle abandoned.
IT IS HEREBY ORDERED: The Court finds that a valid debt exists against the above listed motor vehicle and that said Plaintiff is entitled to a valid lien on said
motor vehicle in the amount:
Accrued Storage Fees:
$_________________________
($_______________________X___________days)
Advertising Fees/Costs:
$_________________________
PLUS future storage at $_______________________ (per day) until the date of public sale.
Administrative Fees:
$_________________________
Court Costs:
$_________________________
Repair Fee:
$_________________________
TOTAL LIEN: $____________________________
The Plaintiff is hereby authorized to foreclose upon and sell said motor vehicle to satisfy said lien upon public auction as authorized by O.C.G.A.§ 40-11-6, if not
immediately paid. The public auction sale of said vehicle shall in all respects be in accordance with the terms and provisions of O.C.G.A. § 40-11-6 and shall be free and
clear of all liens and encumbrances on said motor vehicle.
Within thirty (30) days of the date of such sale, the Plaintiff shall:
1)
File a written return with this Court, under oath/affirmation setting forth the following;
a) Style of case
b) Date of Public Auction
c) Amount of court ordered lien
d) Amount received for vehicle at public sale
e) Requestor of service, private individual, city officer/official,
county officer/official, Georgia State Patrol
2)
File with the Court a copy of the bill of sale of the vehicle.
3)
Pay to the Clerk of Court, all sums collected over and above the amount of the Court ordered lien set forth herein from the
proceeds of said public auction.
SO ORDERED this _______ day of _____________________________, 20_______.
____________________________________________________________________
Magistrate Judge, Walton County

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