Abandoned Motor Vehicles

Definition

Property over which the owner has given up dominion and control with no intention of recovering it. The property can be anything with tires and a serial number, i.e., car, truck, motorcycle, and trailers. A boat is not considered an abandoned vehicle and you must follow the procedures set up by the Department of Natural Resources.

A motor vehicle is abandoned if:

1. It has been left by the owner or some person acting for the owner with an automobile dealer, repairman, or wrecker service for repairs or for some other reason and has not been picked up by such owner or person within:
   • thirty (30) days after the time agreed upon
   • thirty (30) days after the vehicle is turned over to such dealer, repairman, or wrecker service, if no time is agreed upon; or
   • thirty (30) days after the completion of necessary repairs.
2. It is left unattended on a public street, road, highway, or other public property for a period of at least five (5) days and when it reasonably appears to a law enforcement officer that the individual who left such motor vehicle unattended does not intend to return to such motor vehicle.
3. If has been lawfully towed onto the property of another at the request of a law enforcement officer and left there for a period of no less than thirty (30) days without anyone having made claim to the vehicle.
4. It has been lawfully towed onto the property of another at the request of a property owner on whose property the vehicle was abandoned and left there for a period of no less than thirty (30) days without the owner(s) having made claim to the vehicle.
5. It has been left unattended on private property for a period of no less than thirty (30) days without anyone making a claim to it.

Jurisdiction

Affidavits seeking the foreclosure of a lien on an abandoned motor vehicle with a value up to $15,000 may be filed in the Magistrate Court by a tow company, repair company or an individual who is storing a vehicle that has not been claimed by the owner or lienholder.

Filing Procedures

Generally, before filing any documents with the court, a business must request contact information for the vehicle owner(s) from the Department of Revenue (DOR) or from a DOR approved website. Please refer to the DOR website (https://dor.georgia.gov/) for additional information.

After sending the first “AMV Notice” to the Owner(s), the business must file a “Petition for Abandoned Motor Vehicle Lien Foreclosure” with the court. If an owner files an Answer, then there will be a court hearing.

Forms Needed

1. Copy of document provided by law enforcement in regards to owner information
2. Copy of the initial notice letter
3. Copy of the green card(s) or returned envelope(s) (as required by O.C.G.A. 40-11-19(a)(l)
4. MV603 (DMVS Form)
5. Copy of the notice letter provided by DMVS in response to the MV603
6. Copy of the green card(s) or returned envelope(s) or in the case of an unknown owner a copy of the legal ad meeting the requirements of O.C.G.A. 40-11-19(a)(l)(H)
7. Copy of any correspondence received in response to notices
8. Court Order

Civil Forms for Public Download

Court Order

If the judge finds that you have complied with the requirements of the law, an order will be issued allowing you to sell the vehicle at a public auction to satisfy the lien. The abandoned vehicle cannot be retained by the person applying for the abandoned vehicle. You must sell the abandoned vehicle at a public auction.

Forms for Download