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 Abandoned Motor Vehicle Foreclosures            

Abandoned Motor Vehicle Case Numbers and Orders Issued

Justice Center Tower Building
185 Central Avenue
Suite TG-100
Atlanta, Georgia 30303

Notice to Abandoned Motor Vehicle Foreclosure Filers

Effective 7/1/2011

When filing an Affidavit for foreclosure on an abandoned motor vehicle, the following must be submitted to the court:

1. A signed Affidavit completed on a form prescribed by rule or regulation of the Department of Revenue, showing all facts necessary to constitute such lien and the amount claimed to be due along with a filing fee of $10.00. The Affidavit form must be completed in its entirety, including:

• Correct name and address of Plaintiff and all Defendants and Lien holders.
  Note: The address where the car is being stored or the Defendant’s address should be in Fulton County ;
• A correct itemization of removal, storage, notification, advertising & court fees, and total. Repair costs cannot be included;
• A complete description of the vehicle (year, model, make, vehicle identification number);
• Date of possession;
• If applicable, who requested towing;
• The PRINTED name of the authorized person who has personally appeared to file the Affidavit and that individual’s sworn signature.

2. Supporting documents:

• Copy of the Vehicle, Title and Tag Information printout from the Georgia Motor Vehicle Division;
• If the identity of owner(s) are unknown, proof that an advertisement ran in the Fulton County Daily Report once a week for two consecutive weeks [prior to filing] and that that advertisement contained a complete description of the motor vehicle, its license and manufacturer’s vehicle identification numbers, the location from where such vehicle was initially removed, the present location of such vehicle, and the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed. (O.C.G.A. §40-11-2);  
• If the identity of owner(s) are known,a duplicate copy of the completed demand notice mailed to owner(s), lien holder(s)/security interest holder(s). Such demand shall be made on a form prescribed by rule or regulation of the Department of Revenue and should be properly and thoroughly filled out.
  NOTE: A vehicle cannot be foreclosed on prior to ten days of delivery of notice (O.C.G.A. §40-11-5 (3)(A));
• Proof that the known owner(s), lien holder(s)/security interest holder(s) were notified by providing either of the following: the green Return Receipt postcard; a printout of an e-mailed Return Receipt proof of delivery letter that includes an image of the recipient’s signature or an approved hand-stamp; Track and Confirm printout from the USPS website; the green and white U.S. Postal Service Certified Mail Receipt; or the unopened returned/unclaimed envelope.

Note: Missing or inaccurate information or discrepancies in the information filed will result in a delay in the processing of the affidavit or an order not being issued. It also may result in all parties being scheduled to appear before a judge to hear the facts of the case.

A correctly filed Affidavit takes approximately fifteen (15) business days to be processed.
**Vehicles are not authorized to be sold until an Order is issued from the court.** 

The following will result in a delay in the issuance of an order or will result in an order not being granted:

• The Affidavit is not completed entirely or correctly (correct and full description of vehicle; itemization of fees; names and addresses of all parties - including lien holders, if applicable; printed name of the authorized filer; original signature of authorized filer, etc.). Note: Information on the Affidavit will be cross referenced with information within the supporting documentation attached to the Affidavit.
• Required supporting documentation is missing.
• It hasn’t been at least ten days since the owner and lien holder’s (if applicable) notification.
• If owner unknown, the appropriate advertisement in the Daily Report has not run at least once a week for two consecutive weeks or the advertisement did not meet requirements set forth in O.C.G.A. §40-11-2.
• There was an attempt to sell the vehicle without authorization from the court; 
• The supporting documentation outlined in the previous page is not attached to the Affidavit.
• Fraud/Theft/Falsification is suspected.

Within thirty (30) days after the date of a public sale:

• 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 to the Clerk of the Court.

For information regarding the Georgia Department of Revenue’s abandoned motor vehicle process:
Georgia Department of Revenue
Motor Vehicle Division
1200 Tradeport Blvd.
Hapeville, GA 30354
Phone: (404) 968-3800
http://motor.etax.dor.ga.gov/

For court filing related questions or to check on the status of a filing:
Demeter Bush
Judicial Case Manager, Civil Division
Fulton County State Court
185 Central Avenue, TG-100
Atlanta, Georgia 30303
Phone: (404) 613-5034
demeter.bush@fultoncountyga.gov