Title 40 — Title 40
0 chapters · 572 sections in this title.
O.C.G.A. § 40-11-1 Definitions
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As used in this article, the term: (1) ‘‘Abandoned motor vehicle’’ means a motor vehicle or trailer: (A) Which has been left by the owner or some person acting for the owner with an automobile dealer, repairman, or wrecker service for repair or for some other reason and has not b…
O.C.G.A. § 40-11-10 Disposition of certain contents of abandoned vehicles
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(a) As used in this Code section, the term ‘‘contents’’ means only the following: (1) Prescription drugs or eyewear; (2) Personal documents, including, but not limited to, birth records, passports, or death records; (3) Firearms; (4) Medical devices; (5) Child safety restraining …
O.C.G.A. § 40-11-2 Duty of person removing or storing motor vehicle
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(a) Any person who removes a motor vehicle from public property at the request of a law enforcement officer or stores such vehicle shall, if the owner of the vehicle or some person acting for the owner is not present, seek the identity of and address of all known owners of such v…
O.C.G.A. § 40-11-20 Items subject to civil forfeiture
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The following items are declared to be contraband and are subject to forfeiture in accordance with the procedures set forth in Chapter 16 of Title 9: (1) Any motor vehicle the manufacturer’s vehicle identification number of which has been removed, altered, defaced, falsified, or …
O.C.G.A. § 40-11-3.1 Unattended vehicle checks
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(a) It shall be the duty of any peace officer who discovers a motor vehicle which has been left unattended on a public street, road, or highway or other public property to immediately perform an unattended vehicle check on such motor vehicle, unless there is displayed on such mot…
O.C.G.A. § 40-11-4 Creation of lien; courts authorized to foreclose lien
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(a) Any person who removes or stores any motor vehicle which is or becomes an abandoned motor vehicle shall have a lien on such vehicle for the reasonable fees connected with such removal or storage plus the cost of any notification or advertisement up to the date of retrieval or…
O.C.G.A. § 40-11-5 Lien foreclosure procedure
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All liens acquired under Code Section 40-11-4 shall be foreclosed as follows: (1) Any proceeding to foreclose a lien on an abandoned motor vehicle must be instituted within one year from the time the lien is recorded or is asserted by retention; (2) The person desiring to foreclo…
O.C.G.A. § 40-11-6 Sale of vehicle pursuant to foreclosure
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(a)(1) As used in this subsection, the term ‘‘public sale’’ means a sale: (A) Held at a place reasonably available to persons who might desire to attend and submit bids; (B) At which those attending shall be given the opportunity to bid on a competitive basis; (C) At which the sa…
O.C.G.A. § 40-11-7 How purchaser at foreclosure sale may obtain certificate of title
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The purchaser at a sale as authorized in this article shall receive a certified copy of the court order authorizing such sale. Any such purchaser may obtain a certificate of title to such motor vehicle by filing the required application, paying the required fees, and filing a cer…
O.C.G.A. § 40-11-8 Disposition of proceeds of foreclosure sale
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The clerk of the court shall retain the remaining balance of the proceeds of a sale under Code Section 40-11-6, after satisfaction of liens, security interests, and debts, for a period of 12 months; and, if no claim has been filed against such proceeds by the owner of the abandon…