In order for your petition to be properly processed, please consult your legal adviser and all appropriate section of the law including OCGA 40-11-2, et seq. Then complete the following procedures before filing a Foreclosure of Abandoned Motor Vehicle in Carroll County.
A. Prior to Filing a Petition for Foreclosure of Abandoned Motor Vehicle
B. Upon Filing Your Petition to Foreclose
- Send proper notice to the Motor Vehicle Division of the Department of Revenue (DMV) requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders.
- Check the motor vehicle records of another state if you have reason to believe that the vehicle is registered or titled in such other state.
- Notify all owners, lessors, lessees, security interest holders, and lienholders listed on the DMV printout and/or the records of another state by registered or certified mail of the location of the vehicle and the fact that it is deemed abandoned and shall be disposed of if not redeemed.
- If the identity of the owner cannot be ascertained, advertise in Carrollton's Times Georgian once a week for 2 consecutive weeks.
- Make written demand for payment upon all ascertained owners, lessors, lessees, security interest holders, and lienholders. If within 10 days of delivery of said demand, the ascertained persons fail to respond or refuse to pay, a Petition to Foreclose Abandoned Motor Vehicle may be filed.
Please submit the following and do not staple the documents:
C. Within 30 Days After the Date of a Public Sale
- Please include a copy of the Georgia Motor Vehicle Services or Vehicle Title and Tag Information sheet. You may contact the court for a copy.
- Please include a copy of the advertisement, if applicable. See Section A for more information.
- Please include the required $10 filing fee.
- Submit a copy of the bill of sale, as provided to the purchaser, with the corresponding civil action case number.
- Submit all proceeds of the sale exceeding the amount of the lien stated in the order to the clerk of court.
Your petition will be returned or dismissed if the above procedures are not followed correctly and in a timely fashion.