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small town evil doers... foreclosure on justice

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ms t

Junior Member
What is the name of your state? Georgia
my car was towed in during a roadblock back in june . the owner of the tow service has just served me papers of foreclosure on my car. i have read some of the codes and laws pertaining to the process of foreclosure, but im not sure im understanding them.. the person who towed the car never sent anything to me in writing telling me how much i owed or giving me any amount of time to get my car.. if i understand correctly, isnt he required by law to to notify me in writing , by certified mail before he can try to foreclose? also isnt he committing a misdemeanor by not follow this procedure? i am not the only owner of this vehicle, there is a lein against it through a loan office.. he never sent them anything either, although i made him aware of the lein on the car. he has had the car for 3 months, and the only thing ive recieved , is a certified letter from the magistrate court giving me 10 days to petition for a hearing.. could you please tell me if i have a chance of getting my car back? and am i still required to pay him ? also, i have already paid him 100 dollars on the bill, we had a verbal agreement that i would pay him 190 dollars, and i paid 100 down with promise to pay the remainder the following week, when i went to pay it, he tried to charge me another weeks worth of storage fees.. that is the reason why i wasnt able to get the car out.. thank you in advance for you help.. ms. t
 


JETX

Senior Member
ms t said:
if i understand correctly, isnt he required by law to to notify me in writing , by certified mail before he can try to foreclose?
The notification requirement depends on the circumstances under which the vehicle was seized.

However, the following is from Georgia Code SS 40-11-2:
(f) Upon ascertaining the owners of such motor vehicle, the person removing or storing such vehicle shall, within five calendar days, by certified or registered mail or statutory overnight delivery, notify all known owners of the vehicle of the location of such vehicle and of the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(g) If the identity of the owners of such motor vehicle cannot be ascertained, the person removing or storing such vehicle shall place an advertisement in a newspaper of general circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its license and manufacturer's vehicle identification numbers, the location from where such vehicle was initially removed, the present location of such vehicle, and the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.


also isnt he committing a misdemeanor by not follow this procedure?
See statute below.

i am not the only owner of this vehicle, there is a lein against it through a loan office.. he never sent them anything either, although i made him aware of the lein on the car. he has had the car for 3 months, and the only thing ive recieved , is a certified letter from the magistrate court giving me 10 days to petition for a hearing.. could you please tell me if i have a chance of getting my car back?
What happened at the hearing??

and am i still required to pay him ?
If you want your car back, yes.

also, i have already paid him 100 dollars on the bill, we had a verbal agreement that i would pay him 190 dollars, and i paid 100 down with promise to pay the remainder the following week, when i went to pay it, he tried to charge me another weeks worth of storage fees.. that is the reason why i wasnt able to get the car out.. thank you in advance for you help.. ms. t
Sounds to me like if you want your car back.... pay the man.

The applicable Georgia Codes detailing the circumstances of seizure, lien and sale can be found at:
http://www.legis.state.ga.us/legis/GaCode/Title40.pdf
 

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