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Affidavit For Foreclosure Of Lien Against Abandoned Motor Vehicle (For Vehicle Towed After 2003) MAG 40-02 - Georgia
| Affidavit For Foreclosure Of Lien Against Abandoned Motor Vehicle (For Vehicle Towed After 2003) Form. This is a Georgia form and can be used in Abandoned Motor Vehicle Magistrate Court Gwinnett Local County . |
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IN THE MAGISTRATE COURT OF GWINNETT COUNTY STATE OF GEORGIA * Plaintiff/Lien Claimant * vs. * Civil Action File No: * * (Motor Vehicle) * C AFFIDAVIT FOR FORECLOSURE OF *LIEN AGAINST ABANDONED MOTOR (Vehicle Identification Number) * VEHICLE C INFO & FORMS ON INTERNET *www.gwinnettcourts.com (Tag Number) E-mail: mag@courts.co.gwinnett.ga.usThe name(s) and address(es) of the last known registered owner(s) and/or all lienholder(s) of the vehicle is/are: (Owner means registered owner, the owner as recorded on title, lessor, lessee, security interest holders & all lienholders as show on therecords of Dept. of Motor Vehicle Safety.) [ ] Unknown; Personally appeared before the undersigned officer, duly authorized to administer oaths, , who being duly sworn, deposes and states as follows:1. The Plaintiff is in possession of the above described motor vehicle. The vehicle was impounded at the request of a: [ ] private individual [ ] city officer/official [ ] county officer/official [ ] Georgia State Patrol.2. The Plaintiff has taken the following described actions to foreclose the lien on the vehicle as set forth below: A. [ ] Notices have been provided to the last known owner and lienholder as follows: (See O.C.G.A. 40-11-2) OR [ ] The above notices were not sent because the identity of the owner and/or lienholder cannot be ascertained. Proper notice has been given by running an advertisement as required by O.C.G.A. 40-11-2(g). B. [ ] More than ten (10) days prior to filing this Affidavit , demand was made by certified or registered mail or statutory overnight delivery upon the last known registered owner of the vehicle for the payment of the reasonable fees for removal and storage plus the costs of any applicable advertisement, including an itemized statement of all charges. No action is pending with any court of competent jurisdiction within the judicial circuit where the vehicle is located. 3. The Plaintiff has complied with the provisions of O.C.G.A.. 40-11-2, by completing the following statutory requirements: Event Deadline Date Completed Vehicle Towed No deadline. Owner & Lien info requested from law enforcement 40-11-2(a)(b) Within 3 business days of towing W:\Magforms\40-02 Affidavit For Foreclosure of Lien Against AMV 2003<<<<<<<<<********>>>>>>>>>>>>> 2First Notice to All Owners & Lienholders By Certified or Within 7 calendar days of removal of Registered Mail or statutory overnight delivery 40-11-2(d). vehicle (or forfeit storage fees) [ ] 7th day ended on Sat., Sun., or Notice must list: legal holiday and notice was given next day, C date of removal of vehicle; OR C all fees connected with removal and storage of such Within 1 business day after the vehicle; information is furnished to the C that such motor vehicle will be deemed abandoned remover or storer by law under this chapter unless the owner, security enforcement, IF Owner/Lienholder interest holder, or lienholder redeems such motor requested from law enforcement vehicle within 30 days of the day such vehicle was within 3 business days of towing, (or removed. forfeit storage fees), Attach copy to this Affidavit. WHICHEVER IS LATER. MV-603. Notice of Abandoned Motor Vehicle and Request Within 7 calendar days of the 30 day for Information + $2.00 Research fee. Affidavit Filed Within deadline from date vehicle removed. 7 Calendar Days Vehicle Became Abandoned 40-11-2(e); (If a person removing or storing the vehicle has knowledge The 30 day deadline ended, of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, such person shall ___________________________ Attach copy tocheck the motor vehicle records of that other state in the (Date) this Affidavit.attempt to ascertain the identity of the owner of the vehicle.) Information Received from DMV or Tax Commissioner. No deadline applicable. No Deadline. Attach copy to this Affidavit. This notice applies ONLY when owner/lienholder Within 5 calendar days of receipt of DMV Date DMV info, excluding Sat., Sun., & legal ascertained solely thru DMV : Notice(s) to Owner & holidays. informationLienholder By Certified or Registered Mail or statutory received:overnight delivery of vehicle location and the fact such vehicle is deemed abandoned and shall be disposed of if _____________not redeemed. 40-11-2(f) Demand upon owners for payment of all reasonable fees for Date demandremoval or storage of vehicle + costs of any notification or mailed toadvertisement + and attach an itemized statement of owner(s),charges. (Attached that notice to this affidavit.) lienholders:Demand must be by form prescribed by Dept. of Motor Vehicles. (Attach copy.) _____________If owner/lienholder are UNKNOWN: Begin publication of this notice with enough time to prevent the lapsing Begin process for newspaper advertisement if owner/lienholder of one year statute of limitations. cannot be determined. (Attach published notice to affidavit.) Statute of limitations This action has been filed within one year of date that vehicle was deemed abandoned. W:\Magforms\40-02 Affidavit For Foreclosure of Lien Against AMV 2003<<<<<<<<<********>>>>>>>>>>>>> 34. The Plaintiff has complied with the notice requirements of O.C.G.A. 40-11-2 by one or more of the following methods: (Check ALL applicable provisions.) [ ] seeking the identity of the last known registered owner from a local law enforcement agency and the identity of the last known registered owners, lessors, lessees, security interest holders and lienholders from the Department of Revenue. [ ] notifying the owner by registered or certified mail or statutory overnight delivery of the owners right to redeem the vehicle. [ ] checking the motor vehicle records of another state because the Plaintiff had knowledge of facts which reasonably indicate that the vehicle is registered in another state. [ ] placing an advertisement in a newspaper of general circulation in Gwinnett County once a week for two consecutive weeks for vehicles of which the identity of the owner cannot be ascertained.5. This affidavit is filed with the court within a period of one year from: [ ] the recording of a lien on the vehicle with the Department of Motor Vehicles, as set forth in paragraph 2, above. [ ] the assertion of a lien by retention of the vehicle from date vehicle removed/retained as set forth in paragraph 2, above. WHEREFORE, Plaintiff makes this affidavit for the purpose of foreclosing the lien upon the above described vehicle andprays that
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