Jurisdiction

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.

Filing Procedures 

For a person or business storing the vehicle, complete the Abandoned Motor Vehicle Affidavit. If the owner or lienholder fails to file an answer you may seek the Order on Foreclosure. The filing fee is $39.

Other Forms

Georgia law requires that the Council of Magistrate Court Judges create additional forms for Abandoned Motor Vehicle Filings.  Those forms can be found here (bottom of page).

Scheduling of Hearing

A hearing will usually be scheduled 7-10 days from the date of answer if an answer is filed.  If the owner does not file an answer in the appropriate time the Plaintiff may file a Motion for Order on Foreclosure. 

Hearing

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--Filing an Answer

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 an answer with the Clerk of Magistrate Court.  A hearing will usually be scheduled within 7-10 days.