How To Claim an Abandoned Vehicle in Georgia

Obtaining title to an abandoned vehicle in Georgia is a legal process governed by the Abandoned Motor Vehicle Act and requires strict compliance with statutory notice procedures, court foreclosure requirements, and public sale protocols. Only authorized businesses, including towing and storage firms, repair facilities, and salvage dealers, may foreclose on liens for abandoned motor vehicles. The process involves notifying all interested parties, obtaining a court order, conducting a public sale, and applying for title through the Georgia Department of Revenue.

What Qualifies as an Abandoned Vehicle in Georgia

Georgia defines an abandoned motor vehicle as a motor vehicle or trailer that meets one or more of the following conditions:

• A motor vehicle left with an automobile dealer, repairman, or wrecker service for repair or storage and not called for by the owner within 30 days after the time agreed upon, or within 30 days after the vehicle is turned over when no time is agreed upon, or within 30 days after the completion of necessary repairs.
• A motor vehicle left unattended on a public street, road, highway, or other public property for at least 5 days, and when it reasonably appears to a law enforcement officer that the individual who left such motor vehicle does not intend to return and remove it. However, on the state highway system, any law enforcement officer may authorize immediate removal of vehicles posing a threat to public health or safety or to mitigate congestion.
• A motor vehicle lawfully towed onto the property of another at the request of a law enforcement officer and left there for not less than 30 days without anyone having paid all reasonable current charges for towing and storage.
• A motor vehicle 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 not less than 30 days without anyone having paid all reasonable current charges for towing and storage.
• A motor vehicle left unattended on private property for not less than 30 days.

Process To Claim an Abandoned Vehicle in Georgia

Understanding the Abandoned Vehicle Process

In Georgia, only authorized businesses such as towing and storage firms, repair facilities, and salvage dealers may obtain liens on abandoned or unclaimed motor vehicles by following a detailed notification process. Persons must receive court authorization through a magistrate court foreclosure action before a vehicle may be sold at public sale. Possession of an abandoned vehicle does not automatically transfer ownership. The purchaser at a public sale must apply for a Georgia certificate of title through the Department of Revenue and obtain a new title in the purchaser's name.

Request Owner and Lienholder Information

An authorized business must first identify the owner, lienholder, and security interest holders of the abandoned vehicle. This information may be obtained through three methods. The business may submit Form MV-603 (Notice of an Abandoned Vehicle and Request for Information) to the local county tag office or to the Motor Vehicle Division with a $2 research fee. If obtaining information through Auto Data Direct, the Form MV-603 need not be submitted to the county tag office. A third option is to request owner and lienholder information directly from the local law enforcement agency.

Send Notification of Possession and Lien

Within 15 calendar days of the removal or initial storage of the motor vehicle, the authorized business must send a notification letter to all owners, using the form developed by the Council of Magistrate Court Judges. The notification must include the lien amount, description of the vehicle, the storage facility location, and itemized charges. The notification must also inform the owner and all lienholders that if the charges are not paid, the authorized business may petition a court to foreclose the lien and sell the vehicle. The notification must further inform the owner that the authorized business has the right to petition a court to foreclose a lien for all amounts owed after ten calendar days from the date such notice is sent, and that a court may order the sale of the vehicle to satisfy the debt.

Allow Statutory Waiting Period Before Filing Petition

An authorized business may file a petition to foreclose the lien in the magistrate court after ten calendar days have passed from the date the notification letter was sent, but must do so within one year from the time the lien is recorded or asserted. During the initial period after the notice is sent, the owner or lienholder may pay all charges and recover the vehicle, which terminates the abandonment process.

File Petition for Lien Foreclosure in Magistrate Court

If the charges remain unpaid, the authorized business must file a petition to foreclose the lien in the magistrate court of the county where the vehicle is located. Any proceeding to foreclose a lien must be instituted within 1 year from the time the lien is recorded or asserted. The petition must include the vehicle identification number, the amount claimed, proof of notification to the owner and lienholders, and a request for court authorization to conduct a public sale. The magistrate court will review the petition, and if the requirements are met, the court shall issue an order authorizing the public sale of the abandoned vehicle.

Publish Notice of Public Sale

Following the court order authorizing the sale, the authorized business must advertise the sale in a newspaper in the county where the sale is to be held. The advertisement must be published once a week for 2 consecutive weeks in the newspaper in which the sheriff's advertisements are published. The advertisement must state the day and hour of the sale between 9:00 a.m. and 5:00 p.m., the place of sale, and identify the vehicle with the year, make, model, and vehicle identification number.

Conduct the Public Sale

The public sale must be held at a location reasonably accessible to persons who wish to attend and submit bids. Those attending must be given the opportunity to bid competitively. The vehicle shall be sold to the highest bidder if a sale is made. The authorized business shall provide a bill of sale to the purchaser on a Form T-7 signed by the person authorized by the court to sell the vehicle, conveying ownership to the purchaser using the purchaser's full legal name.

Remit Excess Proceeds to Department of Revenue

Within 15 days after the date of a public sale, the authorized business must remit any excess proceeds remaining after deduction of reasonable towing, storage, and sale costs to the Georgia Department of Revenue. A copy of the bill of sale must accompany the remittance of excess funds. The authorized business may deduct from the proceeds the cost incurred by the advertisement of the public sale (not to exceed $120) and the cost incurred by the holding of the public sale (not to exceed $200). The Department of Revenue maintains a fund of such proceeds, which may be claimed by the rightful owner if a valid claim is made within a specified period.

Inspect Vehicle and Complete Certification of Inspection

Before applying for title, the purchaser must have the vehicle inspected by a Georgia law enforcement officer to verify the vehicle identification number and serial plate condition. The officer must complete Form T-22B (Certification of Inspection). If the form indicates that the serial plate is missing, the purchaser must complete Form T-128 (Missing Serial Plate Affidavit).

Apply For Certificate of Title

The purchaser must apply for a Georgia certificate of title at the county tag office where the vehicle owner resides. The application must include Form MV-1 (Tag and Title Application), a certified copy of the court order authorizing the sale, the Form T-7 Bill of Sale signed by the person authorized by the court, the current certificate of title if available, and Form T-22B (Certification of Inspection) completed by a law enforcement officer. If the serial plate is missing, Form T-128 must also be submitted. Title and registration fees as established by the Department of Revenue must accompany the application.

Special Provisions for Stolen Vehicles

If the abandoned vehicle was previously reported as stolen and an insurance company paid a claim for a stolen and unrecovered vehicle, the purchaser must provide a letter from the insurance company stating that the vehicle is not damaged. If the insurance company will not provide such a letter, the purchaser must have the vehicle inspected by a state inspector. If the inspector determines there is sufficient damage to the vehicle, the vehicle may be required to undergo a rebuilt inspection process before the title is issued.

Maintain Records

Authorized businesses must maintain all records related to the abandoned vehicle notification, storage, lien foreclosure, sale, and remittance of proceeds. Records must include copies of all notices sent to owners and lienholders, proof of certified mail delivery, copies of newspaper advertisements with publication dates, the court order authorizing sale, the bill of sale, and documentation of proceeds remitted to the Department of Revenue.

Georgia Storage Fees And Financial Considerations

Towing and Storage Charges

An authorized business that removes or stores any motor vehicle that becomes an abandoned motor vehicle shall have a lien on such vehicle for the reasonable towing, storage, and related service fees. The amount of towing and storage charges must be reasonable and justified by the costs incurred. Charges must be itemized and disclosed to the owner in the notification letter form sent within 15 days of removal or initial storage. Recoverable fees under the lien also include costs for obtaining the owner's information and notifying the owner, court filing costs, and attorney's fees (limited to 15% of the total amount of the lien).

Notification and Lien Foreclosure Timeline

Authorized businesses must send notification of possession and lien amount within 15 calendar days of removal or initial storage. The business may file a petition to foreclose the lien in the magistrate court within 10 calendar days of the date the notification letter was sent, but must do so within 1 year of the lien's recording or assertion. If charges remain unpaid and the court authorizes a sale, the business must advertise the sale for 2 consecutive weeks (once per week) in a local newspaper. The entire process from removal to public sale typically requires 45 to 60 days or more, depending on court scheduling and publication requirements.

Application of Sale Proceeds

Sale proceeds are applied first to the reasonable towing and storage charges owed by the authorized business, then to the costs of sale (up to $120 for advertising and up to $200 for sale costs), and then to any liens on the vehicle in order of lien priority. Any remaining balance after all costs and liens are satisfied must be remitted to the Georgia Department of Revenue within 15 days of the sale. The Department maintains these funds for potential claims by the rightful owner.

Contact Information

Georgia Department of Revenue, Motor Vehicle Division
4125 Welcome All Road, Atlanta, GA 30349
Phone: (855) 406-5221
Official Website: Georgia Department of Revenue