Affidavits seeking the foreclosure of a lien on an abandoned motor vehicle with a value up to $15,000 may be filed in the Magistrate Court by a tow company or repair company who is storing a vehicle that has not been claimed by the owner or lienholder.
A hearing will usually be scheduled 7-10 days from the date of filing. If you file the application in person, you should receive notice of the hearing at the time the application is filed.
Bring all of your information to the hearing. If the judge finds that you have complied with the requirements of the law, the judge will issue an order allowing you to sell the vehicle to satisfy the lien.
Disposition of Proceeds
After sale of the vehicle, the law requires that the plaintiff file a disposition of the proceeds. This form should be completed and mailed or delivered to the clerk of Magistrate Court within 30 days of the sale of the vehicle.
Owner/Lienholder of Vehicle
An owner or lienholder of a vehicle being stored may request a hearing for the Court to determine if a vehicle is being properly stored or should be returned. The owner or lienholder should file a Petition for a Hearing with the Clerk of Magistrate Court. The filing fee for the Petition is $29. A hearing will be scheduled on the Petition within ten (10) days.
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