Georgia > Local County > Gwinnett > Magistrate Court > Abandoned Motor Vehicle
Petition For Hearing Concerning Abandoned Motor Vehicle MAG 40-08 - Georgia
| Petition For Hearing Concerning Abandoned Motor Vehicle 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 * vs. * Civil Action File No: * ________________________________________________* Respondent (Person/Company Holding Vehicle) * C PETITION FOR HEARING *CONCERNING ABANDONED MOTOR (Motor Vehicle) * VEHICLE C ________________________________________________* INFO & FORMS ON INTERNET (Vehicle Identification Number) * www.gwinnettcourts.com C E-mail: mag@courts.co.gwinnett.ga.us _* (Tag Number) Comes Now, the undersigned, the petitioner, the [ ] owner; [ ] lienholder; of the vehicles and submits thispetition as follows: Respondent served an abandoned motor vehicle lien demand upon the Petitioner on the ____ day of_______________, 200___. [ ] A copy of that demand is hereto attached as Exhibit A, and incorporated by reference herein. (See O.C.G.A. 40-11-5(5)) The Respondent is a resident of Gwinnett County, Georgia. Respondent can be served with a copy of this petitionat: Name of Respondent: _______________________________________________________ Address: _______________________________________________________ City, State & Zip Code:_______________________________________________________ th Petitioner is filing this petition [ ] on, or before the 10 day from the date of service of the Respondents lien th claim, or on the first business day thereafter if the 10 day falls on a Saturday, Sunday or legal holiday; [ ] more than tendays have elapsed since the service of the petition upon petitioner. Petitioner contests the foreclosure of lien against the above listed motor vehicle based upon the following: [ ] The initial notice to a local law enforcement agency was not made within three (3) business days of removal of vehicle; O.C.G.A. 40-11-2(A)(B) [ ] The first notice to all last known registered owner(s) and/or lienholder(s), was not sent within the foregoing time periods, whichever is later: [ ] within seven (7) calendar days of date vehicle removed; [ ] within one (1) business day after the information was furnished to respondent by law enforcement; O.C.G.A. 40-11-2(D). [ ] The later date described above, ended on a Saturday, Sunday or legal holiday, and the required notice was not sent on the next business day thereafter; O.C.G.A. 40-11-2(D) Page -1- <<<<<<<<<********>>>>>>>>>>>>> 2 [ ] MV-603, Notice of Abandoned Motor Vehicle & Request for Information was not sent to either the Dept. of Motor Vehicles, or the county tax commissioner in the county where respondents place of business is located, within seven (7) calendar days AFTER the vehicle was considered abandoned, which is within thirty (30) days after vehicle removal; O.C.G.A. 40-11-2(E). [ ] This action was filed earlier than thirty days from the date the vehicle was removed. [ ] Second notice for demand for payment was not made by certified mail, registered mail, or statutory overnight delivery, to the [ ] last known owner(s) [ ] lienholder(s) of record within five (5) calendar days of receipt of information from the Dept. of Motor Vehicles or the county tax commissioner; [ ] This action was filed more than one year from date lien recorded or vehicle retained. [ ] The underlying action was based upon repairs to the vehicle. Plaintiff is attempting to recover the cost of repairs, over and above the storage fees. [ ] Petitioner contends that the actions of the Respondent in asserting Respondents lien against the vehicle was not taken in good faith. These actions were as follows: _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ Petitioner claims that petitioner should be awarded damages in the amount of $_________________. [ ] Other:(Attach additional sheets, as necessary.) __________________________________________________________________________________________________________________________________________________________________________________________________________________________________ I hereby request that this Court schedule a hearing to determine: [ ] the validity of the lien; [ ] the validity of the amount of lien, if any; [ ] the proper person to have and retain possession of the vehicle; [ ] to determine an award for damages because the lien against the vehicle was not taken in good faith; and for all other matters connected with the filing of this petition as the court deems just and proper. Date Signature Address Name of Petitioner/ Attorney of Petitioner City, State & Zip Day time phone number CLERKS CERTIFICATE OF SERVICE - PAGE 3 Page -2-<<<<<<<<<********>>>>>>>>>>>>> 3 Clerks Certificate of ServiceI certify that I hereby certify that I have mailed a copy of this pleading to the Respondent at the above-listed address bymy depositing it in the U.S. mail in a properly addressed envelope with adequate postage thereon. This ____ day of ________________, 20_____. ____________________________________________ Deputy Clerk Page -3-
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