2010 Georgia Code 40-11-8 Case Law
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One Click Case Law for § 40-11-8
O.C.G.A. § 40-11-7 <-- --> O.C.G.A. §40-11-9



2010 Georgia Code

TITLE 40 - MOTOR VEHICLES AND TRAFFIC

CHAPTER 11 - ABANDONED MOTOR VEHICLES
ARTICLE 1 - GENERAL PROVISIONS
§ 40-11-8 - Disposition of proceeds of foreclosure sale

O.C.G.A. 40-11-8 (2010)
40-11-8. Disposition of proceeds of foreclosure sale


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 abandoned motor vehicle or any interested party, then he or she shall pay such remaining balance as follows:

(1) If the abandoned motor vehicle came into the possession of the person creating the lien other than at the request of a peace officer, the proceeds of the sale shall be divided equally and paid into the general fund of the county in which the sale was made and into the general fund of the municipality, if any, in which the sale was made;

(2) If the abandoned motor vehicle came into the possession of the person creating the lien at the request of a police officer of a municipality, the proceeds of the sale shall be paid into the general fund of the municipality;

(3) If the abandoned motor vehicle came into the possession of the person creating the lien at the request of a county sheriff, deputy sheriff, or county police officer, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made;

(4) If the abandoned motor vehicle came into the possession of the person creating the lien at the request of a member of the Georgia State Patrol or other employee of the State of Georgia, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com