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Lienholders Petition For Release Of Seized Motor Vehicle Notice Of Hearing Waiver And Order CR-334 - North Carolina
| Lienholders Petition For Release Of Seized Motor Vehicle Notice Of Hearing Waiver And Order Form. This is a North Carolina form and can be used in Criminal Statewide . |
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File No. STATE OF NORTH CAROLINA In The General Court Of Justice County District Superior Court DivisionName Of Defendant LIENHOLDERS PETITION Defendants Drivers License No. State FOR RELEASE OF Vehicle Identification No. SEIZED MOTOR VEHICLE NOTICE OF HEARING/WAIVER Vehicle License No. State AND ORDER G.S. 20-28.2(d), 20-28.2(f), 20-28.3(e3)Vehicle Type Make Year Date Of Seizure Date Of Offense I. PETITION The motor vehicle described above was seized on the date shown above while being driven by the defendant named above and the defendant was charged with committing an impaired driving offense while the defendants drivers license was revoked pursuant to an impaired driving license revocation. The undersigned petitions for: (Check one or both, as applicable) pretrial release of the motor vehicle pursuant to G.S. 20-28.3(e3), after a hearing on this Petition to be held upon ten (10) days prior notice to all interested parties. post-trial release of the motor vehicle pursuant to G.S. 20-28.2(f), after the hearing on the forfeiture of the vehicle. The undersigned states: 1. The petitioner is: a. an individual. b. a firm or corporation acting through the undersigned agent. 2. The petitioner holds a security interest in the motor vehicle that had been perfected at the time of the seizure and appears on the title to the vehicle. 3. Default on the obligation secured by the motor vehicle has occurred and the vehicle owner is in default under the terms of the security instrument evidencing the petitioners interest in the vehicle. NOTE: The court may require petitioner to present documentation that supports the allegation that the vehicle owner is in default. 4. As a consequence of the default, the petitioner is entitled to possession of the motor vehicle. 5. The petitioner agrees to sell the motor vehicle in accordance with the terms of the security agreement and pursuant to the provisions of Part 6 of Article 9 of Chapter 25 of the General Statutes, and pay to the Clerk of Superior Court the proceeds from the sale, less the amount of the lien and less the towing and storage costs paid by the petitioner. 6. The petitioner agrees not to sell, give or otherwise transfer possession of the motor vehicle to the defendant, to the motor vehicle owner or to any person acting on behalf of the defendant or the motor vehicle owner. NOTE: A lienholder who refuses to sell, give or transfer possession of the motor vehicle to the defendant, the motor vehicle owner or any person acting on behalf of the defendant or the motor vehicle owner shall not be liable for damages arising out of such refusal. G.S. 20-28.3(e3). 7. The motor vehicle has not previously been released to the petitioner. Name, Address And Telephone No. Of Petitioner (Type Or Print) Date Signature Of Petitioner Drivers License No. (Individual Petitioner Only)Date II. NOTICE OF HEARING To each registered owner and titled owner of the motor vehicle described above, to the attorney for the board of education of the county named above, and to the District Attorney for the prosecutorial district that includes the county named above: A hearing on the above petition will be held on the date and at the time and location shown below. Date Of Hearing Time Of Hearing AM Location Of Hearing PM Date Name Of Petitioner Signature Of Petitioner NOTE TO PETITIONER: If, when this petition is filed, all parties have not signed the "Waiver Of Hearing And Consent To Release" on Side Two, you must obtain a date, time and location for a hearing on this petition in accordance with any calendaring practices in effect in this district. You must insert that information in the "Notice Of Hearing" on Side One, date and sign the "Notice Of Hearing", and serve a copy of the Petition and Notice of Hearing on all interested parties. You must then file a certificate of service in this case, showing who was served and by what means. Service may be made by delivering a copy to the person to be served or mailing a copy to that person at the persons last known address. AOC-CR-334, Rev. 10/04 (Over) 2004 Administrative Office of the Courts <<<<<<<<<********>>>>>>>>>>>>> 2 III. WAIVER OF HEARING AND CONSENT TO RELEASE Each undersigned party waives a hearing on the above Petition and consents to the release of the motor vehicle described above to the petitioner pursuant to G.S. 20-28.3(e3). Party Name Date Signature Registered Owner Titled Owner District Attorney School Board Attorney IV. CLERKS ORDER RELEASING MOTOR VEHICLE ON PARTIES CONSENT On the petition of the lienholder named on the reverse side for release of the motor vehicle described on the reverse side, the undersigned finds: 1. All interested parties have waived notice and a hearing on the petition and have consented to the release of the motor vehicle to the petitioner, as evidenced by their signatures above. 2. The petitioner holds a security interest in the motor vehicle that had been perfected at the time of the seizure and appears on the title to the vehicle. 3.The petitioner has agreed not to sell, give, or transfer possession of the motor vehicle to the defendant named on the reverse side or to the motor vehicle owner. Therefore, it is ORDERED that the motor vehicle described on the reverse side be released to the petitioner upon payment of all towing and storage charges incurred as a result of the seizure and impoundment of that vehicle, and the Clerk of Superior Court shall disburse to the lienholder any funds being held by the Clerk representing proceeds of insurance for damage to the motor vehicle. The petitioner shall not sell, give or otherwise transfer possession of the motor vehicle to the defendant or to the motor vehicle owner. NOTE: Violation of this condition shall be punishable by civil or criminal contempt. G.S. 20-28.3(e3). In addition, see the NOTICE TO PARTY OBTAINING RELEASE below. Date Signature Assistant CSC Clerk Of Superior Court V. JUDGES ORDER ON PETITION AFTER HEARING This matter is before the Court on the petition of the lienholder named on the reverse side for release of the motor vehicle described on the reverse side. A hearing was held before the Court on this date. A copy of the petition and a notice of the hearing were served by the petitioner on all interested parties at least ten (10) days prior to the hearing, as evidenced by the petitioners certificate of service on file in this case. On the basis of the evidence presented and the entire record in this case, the Court fin
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