North Carolina > Statewide > Small Claims
Complaint To Enforce Possessory Lien On Motor Vehicle CVM-203 - North Carolina
| Complaint To Enforce Possessory Lien On Motor Vehicle Form. This is a North Carolina form and can be used in Small Claims Statewide . |
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File No. STATE OF NORTH CAROLINA In The General Court Of Justice District Court Division-Small Claims County COMPLAINT TO ENFORCE 1. The lien claimed arose in the county named above. POSSESSORY LIEN ON 2a. I repair, service, tow or store motor vehicles in the ordinary course of business. MOTOR VEHICLE b. I am an operator of a place of business for garaging or parking motor vehicles for the public and the motor vehicle listed below has remained unclaimed for at least 10 days. G.S. 7A-211.1; 20-77(d), 44A-2(d), 44A-4(b)(e) Name And Address Of Plaintiff c. I am a landowner on whose property the motor vehicle listed below has been abandoned for at least 30 days. The property was not left by a tenant. [G.S. 42-25.9(g); 44A-2(e2)] 3. I came into possession of the motor vehicle described on the date shown below, am in possession of the vehicle, and claim a possessory lien on this vehicle for the amounts indicated below plus storage at the rate indicated from this date until the lien is satisfied. Make/Year Of Vehicle County Telephone No. ID Number Repairs $ VERSUS Name And Address Of Defendant 1 Date Of Possession Towing $ Date Storage Began Storage Cost to Date $ Date Notice Of Unclaimed Vehicle Given Vehicle Rental $County Telephone No. (Plus Storage @ $ Per Day Until Sold) Total Lien Claimed $ To Date Name And Address Of Defendant 2 4. The defendants are the registered owner of the vehicle and the known secured party(ies). 5. I gave notice of an unclaimed vehicle to the Division of Motor Vehicles on the date listed above. 6. I have given notice to the North Carolina Division of Motor Vehicles that a lien is asserted, and sale is proposed for the above described motor vehicle. County Telephone No. I demand that this Court declare the lien valid and enforceable by sale and order that the North Name And Address Of Plaintiffs Attorney Carolina Division of Motor Vehicles transfer title to the person who purchases at the sale upon proof that proper notice of sale has been given. Date Signature Of Plaintiff Or Attorney AOC-CVM-203, Rev. 3/05 (Over) 2005 Administrative Office of the Courts <<<<<<<<<********>>>>>>>>>>>>> 2 INSTRUCTIONS TO PLAINTIFF OR DEFENDANT 1. Before filing this Complaint, you must have filed certain forms with the 6. The PLAINTIFF must pay advance court costs at the time of filing this Division of Motor Vehicles. Contact your local Division of Motor Complaint. In the event that judgment is rendered in favor of the Vehicles office. plaintiff, court costs may be charged against the defendant. 2. The PLAINTIFF must file a small claim action in the county where the 7. The DEFENDANT may file a written answer, making defense to the claim arose (i.e. where the motor vehicle was repaired, towed or claim, in the office of the Clerk of Superior Court. This answer should stored). be accompanied by a copy for the plaintiff and be filed no later than the time set for trial. The filing of the answer DOES NOT relieve the 3. The PLAINTIFF cannot sue in small claims court if the lien is for more defendant of the need to appear before the magistrate to assert the than $5,000.00. defendants defense. 4. The registered owner of the vehicle and any secured parties listed with 8. Whether or not an answer is filed, the PLAINTIFF must appear before the Division of Motor Vehicles must be made defendants in the case. the magistrate. The PLAINTIFF must show the complete name and address of the defendant to ensure service on the defendant. If there are two 9. The PLAINTIFF or the DEFENDANT may appeal the magistrates defendants and they reside at different addresses, the plaintiff must decision in this case. To appeal, notice must be given in open court include both addresses. The plaintiff must determine if the defendant is when the judgment is rendered, or notice may be given in writing to the a corporation and sue in the complete corporate name. Clerk of Superior Court within ten (10) days after the judgment is If the business is not a corporation, the plaintiff must determine the rendered. If notice is given in writing, the appealing party must also owners name and sue him/her. serve written notice of appeal on all other parties. The appealing party must PAY to the Clerk of Superior Court the costs of court for appeal 5. The PLAINTIFF may serve the defendant(s) by mailing a copy of the within twenty (20) days after the judgment is rendered. summons and complaint by registered or certified mail, return receipt requested, addressed to the party to be served or by paying the costs This form is supplied in order to expedite the handling of small claims. to have the sheriff serve the summons and complaint. If certified or It is designed to cover the most common claims. Questions about the registered mail is used, the plaintiff must file a sworn statement with the adequacy of this form or whether it is the appropriate form to be used Clerk of Superior Court proving service by certified mail and must should be addressed to an attorney. attach to that statement the postal receipt showing that the letter was accepted. If the name or address of the vehicle owner cannot be determined, service by publication is authorized. In that case plaintiff may want to consult an attorney. AOC-CVM-203, Side Two, Rev. 3/05 2005 Administrative Office of the Courts
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