The Senate Committee on Banking and Financial Institutions offered the following
substitute to HB 1134:
A BILL TO BE ENTITLED
AN ACT
To amend Part 5 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia
Annotated, relating to pawnbrokers, factors, bailees, acceptors, and depositories, so as to
revise notice requirements for repossessors of motor vehicles; to provide for requirements
for determining the completion of a repossession of a motor vehicle; to provide for a
rebuttable presumption; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 5 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated,
relating to pawnbrokers, factors, bailees, acceptors, and depositories, is amended by revising
Code Section 44-14-411.1, relating to repossessor of motor vehicle as involuntary,
gratuitous, or naked depository of personal property found therein and disposition of personal
property, as follows:
"44-14-411.1.
(a) Any person who lawfully repossesses a motor vehicle shall be an involuntary,
gratuitous, or naked depository of any personal property found in such motor vehicle and
shall have a lien on such property for any reasonable expenses incurred in storing such
property or in giving notice to such owner.
(b) Within ten days of the date of repossession, the person repossessing such motor vehicle
shall notify the owner of the motor vehicle of the intent to dispose of the personal property.
Such notice must be actual notice, but may be by personal service or by service by certified
mail or statutory overnight delivery.
<del>(c) If the personal property is not redeemed within 30 days from the date of the first notice,
a second notice shall be sent in the same manner as provided in subsection (b) of this Code
section.
(d)</del> If the personal property is not redeemed within 30 days from the date of <del>the second
</del> <ins>such</ins> notice, the personal property may be disposed of in the manner most expeditious to
the depository without further liability and the proceeds shall be disbursed as provided in
Code Section 44-14-412.
<ins>(c) For purposes of this Code section, there shall be a rebuttable presumption that a lawful
repossession shall be completed when:
(1) The motor vehicle has been attached to a tow truck or loaded onto a carrier;
(2) The repossessing party or an authorized agent thereof has entered the motor vehicle;
or
(3) The motor vehicle has been moved by the repossessing party or an authorized agent
thereof."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.