---
title: HB 184. Georgia Consumer Protection Towing Act; enact
collection: bills
id: 2025-2026/hb184
cite_as: HB 184, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb184
md_url: https://georgiacommons.org/bills/2025-2026/hb184.md
text_url: https://georgiacommons.org/bills/2025-2026/hb184/text
source_url: https://www.legis.ga.gov/legislation/69664
date: 2026-03-03
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 199
omitted_url: https://georgiacommons.org/bills/2025-2026/hb184.md?full=1
bill_number: HB 184
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-01-29
last_action: House Committee Favorably Reported By Substitute
sponsors:
- Eddie Lumsden
- Clint Crowe
- Bruce Williamson
- Brian Prince
- Bill Hitchens
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB184/2025
upstream_id: 1947521
summaries_model: claude-sonnet-5
topic_tags:
- towing laws
- vehicle liens
- consumer protection
- Department of Revenue
- magistrate court procedures
---
# HB 184. Georgia Consumer Protection Towing Act; enact
## Text
The House Committee on Motor Vehicles offers the following substitute to HB 184:
A BILL TO BE ENTITLED
AN ACT
To amend Article 1A of Chapter 11 of Title 40 of the Official Code of Georgia Annotated,
relating to abandoned motor vehicles, so as to provide for the establishment of a towed motor
vehicle database by the Department of Revenue or an authorized third party; to provide for
the use of such database to satisfy notice requirements for liens upon motor vehicles in
certain instances; to allow for re-impoundment of motor vehicles upon failing to comply with
notice requirements; to provide for certain fees; to provide for definitions; to provide for
related matters; to provide for effective dates; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I
SECTION 1-1.
Article 1A of Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to
abandoned motor vehicles, is amended in Code Section 40-11-13, relating to definitions, by
adding a new paragraph to read as follows:
"(8.1) 'Towed motor vehicle database' means the database established pursuant to Code
Section 40-11-13.1."
SECTION 1-2.
Said article is further amended by adding a new Code section to read as follows:
"40-11-13.1.
No later than October 1, 2026, the department shall provide by rule or regulation for the
establishment of a towed motor vehicle database for purposes of this article. Such database
shall be developed and functional no later than January 1, 2027, and shall provide for the
submission of information upon the removal of a motor vehicle and include a feature that
allows a motor vehicle owner to search for the location of a towed vehicle by vehicle
identification number and license plate number. Such database may be operated and
maintained by a third party that is a nonprofit corporation organized under Section
501(c)(6) of Title 26 of the Internal Revenue Code and recognized as a membership
organization for the towing and storage industry. Such third party shall be required to
possess and maintain a surety bond in an amount of no less than $1 million, demonstrate
internal controls and provide data security audits by a licensed certified public accountant,
and maintain all records relating to such database for at least five years."
PART II
SECTION 2-1.
Said article is further amended in Code Section 40-11-15, relating to removal of vehicle,
liability, and duty of towing and storage firm when removal at request of law enforcement,
by revising subsection (d) as follows:
"(d) A towing and storage firm that has removed an unattended motor vehicle from
public property at the request of a peace officer shall, within three days of the removal,
submit the vehicle identification number of the motor vehicle to the towed motor vehicle
database and request from the department the identification and addresses of all owners
of such vehicle contained in the records of the department; provided, however, that, if
such vehicle has an out-of-state license plate, such request shall be made to the state
where the vehicle is registered or to an entity with access to such state's vehicle
registration information. The department shall furnish the requested owner information
no later than five days from the date the request was received. The department may
charge a fee of no more than $2.00 for such owner information. For purposes of this
subsection, an unattended motor vehicle shall include a motor vehicle required to be
moved due to arrest of the vehicle's operator or any direction of a peace officer."
SECTION 2-2.
Said article is further amended in Code Section 40-11-16, relating to duty of towing and
storage firm when removal at request of property owners and obligations of repair facility
or salvage dealer in possession of vehicle, by revising paragraph (1) of subsection (a) as
follows:
"(a)(1) Any towing and storage firm which has removed an unattended motor vehicle
from private property at the request of the property owner shall, within three days of the
removal, submit the vehicle identification number of the motor vehicle to the towed
motor vehicle database and request from the department the identification and addresses
of all owners of such vehicle contained in the records of the department; provided,
however, that, if such vehicle has an out-of-state license plate, such request shall be made
to the state where the vehicle is registered or to an entity with access to such state's
vehicle registration information. The department shall furnish the requested owner
information no later than five days from the date the request was received. The
department may charge a fee of no more than $2.00 for such owner information."
SECTION 2-3.
Said article is further amended in Code Section 40-11-19, relating to notification letter to
owners, advertisement, lien upon vehicle, recoverable fees, form disclaiming ownership, and
demand letter, by revising subsection (a) and adding a new subsection to read as follows:
"(a)(1) Within 15 calendar seven days of removal or initial storage of a motor vehicle,
a towing and storage firm shall send all owners the notification letter form developed by
the Council of Magistrate Court Judges for such purpose. Such notification shall be by
certified mail or by hand delivery with acknowledgment of such receipt by signature of
the owner and a copy of such owner's driver's license. Such notification letter shall
include, at a minimum:
(A) The location of the vehicle;
(B) The fees connected with the removal of the vehicle, which shall be the maximum
allowable charge for the removal of the motor vehicle as set forth by rule and regulation
of the Department of Public Safety for maximum state-wide rate tariffs or the rate
specified pursuant to an agreement with a local governing authority, except when
otherwise exempted or provided for by federal law, rule, or regulation;
(C) The daily fees for storage of the vehicle, which shall be the maximum allowable
daily rate for the storage of the motor vehicle as set forth by rule and regulation of the
Department of Public Safety for maximum state-wide rate tariffs or the rate specified
pursuant to an agreement with a local governing authority;
(D) A statement informing the recipient that daily fees will accrue until full payment
has been made;
(E) A statement informing the recipient that the fees which are recoverable by a towing
and storage firm include costs for obtaining the owner's information and notifying the
owner, court filing costs, attorney's fees, and interest;
(F) A statement informing the recipient that the towing and storage firm 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;
(G) A statement informing the recipient that a court may order the sale of the vehicle
to satisfy the debt; and
(H) A form to disclaim ownership interest in the motor vehicle by oath or affirmation
as set forth in Code Section 40-11-19.5.
(2) If the identity of the owner cannot be ascertained by the department or the department
fails to timely furnish the owner information requested pursuant to Code Section
40-11-15 or 40-11-16, the towing and storage firm shall, within 60 days of such removal,
place an advertisement in a newspaper of general circulation or the legal organ in the
county where such vehicle was obtained. Any advertisement required by this paragraph
shall run in the newspaper once a week for two consecutive weeks. The advertisement
shall be in the form provided by the Council of Magistrate Court Judges for such purpose.
Such advertisement form shall include a space for describing the motor vehicle's year,
make, model, and manufacturer's vehicle identification number, the present location of
such vehicle, the fact that such vehicle is subject to a lien which can be foreclosed upon,
and the fact that such vehicle may be ordered sold to satisfy such lien evidence that the
towing and storage firm timely entered the vehicle identification number in the towed
motor vehicle database shall be deemed sufficient notice for purposes of this article.
(3) If the identity of an owner which was previously not ascertained becomes known
while an advertisement is run pursuant to paragraph (2) of this subsection, the towing and
storage firm shall send a notification letter pursuant to the same requirements set forth in
paragraph (1) of this subsection within ten days of obtaining such information."
"(g) If a towing and storage firm, repair facility, or salvage dealer fails to comply with the
notice requirements in this Code section, the motor vehicle may be re-impounded to permit
compliance. Any daily storage fees incurred prior to the date of such re-impoundment shall
be waived and not recoverable."
SECTION 2-4.
Said article is further amended by revising Code Section 40-11-19.1, relating to petition to
foreclose a lien on motor vehicle, answer, motion for judgment, timing, and fees, as follows:
"40-11-19.1.
(a) Not sooner than ten calendar days and not later than six months after compliance with
the notice requirements set forth in Code Section 40-11-19, a towing and storage firm,
repair facility, or salvage dealer may file an action for a petition to foreclose a lien against
the motor vehicle in any magistrate court in the county where the motor vehicle is located.
An action filed pursuant to this Code section shall be on a form provided by the Council
of Magistrate Court Judges for such purpose and shall be accompanied by a filing fee of
no more than $11.00. Any person bringing such action shall include with such form a copy
of the owner information obtained pursuant to the request required by Code Section
40-11-15 or 40-11-16 and proof of compliance with the notice requirements set forth in
Code Section 40-11-19. The petition to foreclose a lien shall be verified by oath or
affirmation by the towing and storage firm, repair facility, or salvage dealer in a manner
consistent with Article 5 of Chapter 10 of Title 9.
(b)(1) The party bringing such action shall send a copy of the oath or affirmation page
of the filed petition to any person known to be an owner of the motor vehicle by certified
mail or statutory overnight delivery, return receipt requested. The court shall accept
electronic documentation as proof that such copy of the filed petition was sent and
delivered in accordance with the requirements of this subsection. Included in such
mailing shall be a copy of a standardized answer form provided by the Council of
Magistrate Court Judges for such purpose. Such form shall require oath or affirmation
of the respondent and shall include space to set forth:
(A) The name of the owner;
(B) The address at which the owner resides;
(C) A description of the motor vehicle, including the license plate number and the
model, make, and year of the vehicle;
(D) A description of the date the owner obtained an interest in the motor vehicle;
(E) A brief statement as to why removal of the vehicle was unauthorized, if applicable;
(F) Any other brief statement as to why the lien claimed by the towing and storage
firm, repair facility, or salvage dealer is invalid;
(G) A copy of any documentation in the owner's possession supporting his or her
answer; and
(H) Any additional facts supporting the owner's answer or as to why the lien should not
be foreclosed upon.
(2) If notice required under Code Section 40-11-19 was satisfied by advertisement, or
the signed proof of receipt of a copy of the petition required to be sent under
paragraph (1) of this subsection has not been returned after ten days of such mailing or
has been returned as unclaimed, the party filing the petition shall, within 60 days, place
an advertisement in a newspaper of general circulation or the legal organ where such
action has been filed. No such advertisement shall be required if the return receipt
required as proof of delivery has been returned with a notation that the notice of the filing
of the petition has been refused. Such notice shall run in the newspaper once a week for
two consecutive weeks. Such notice shall include instructions for how an owner may
obtain the standardized answer form described in this subsection and shall be deemed as
notice to any and all persons having an interest in or right affected by such petition and
from any sale of the motor vehicle resulting therefrom.
(3)(2) If the identity of an owner which was previously not ascertained becomes known
while an advertisement is run pursuant to paragraph (2) of this subsection, the party filing
a petition to foreclose shall send a copy of the filed petition pursuant to the same
requirements set forth in paragraph (1) of this subsection within ten days of obtaining
such information.
(c) An owner may file an answer to the petition no later than ten 30 calendar days after
receipt notice was sent pursuant to subsection (b) of this Code section by using the
standardized answer form provided. If service is made by advertisement pursuant to
paragraph (2) of subsection (b) of this Code section, an owner may file an answer no later
than ten days after the expiration of the required two-week advertisement.
(d) If no answer has been filed at the expiration of the period set forth in subsection (c) of
this Code section, the towing and storage firm, repair facility, or salvage dealer may seek
to foreclose the lien through a judgment as provided in Code Section 15-10-43 by making
such request in writing and submitting to the court proof of service as set forth in
compliance with subsection (b) of this Code section. Unless providentially hindered, it
shall be the duty of the judge to decide all motions for judgment submitted pursuant to this
subsection no later than 15 days from when such motion has been made. When a judgment
is granted, the motor vehicle shall be considered abandoned and within five days the court
shall issue an order for the disposition of the motor vehicle as provided for in Code Section
40-11-19.2. A certified copy of such order shall be issued by the clerk of court. A fee of
no more than $14.00 may be charged for a certified copy of such order, which shall be
issued by the clerk of court. If no answer has been filed but the court finds that a petition
fails to comply with the requirements of this article, a petition may be refiled for such
action once within six months of the issuance of denial of a judgment the motor vehicle
may be re-impounded by a towing and storage firm, repair facility, or salvage dealer to
permit compliance. Any daily storage fees incurred prior to the date of such
re-impoundment shall be waived and not recoverable.
(e)(1) If an answer is returned to the court, a trial shall be held within ten days after
receipt of such answer; provided, however, that such trial may be continued by the court
for good cause shown by either party.
(2) At the trial, the court shall hear evidence of and determine whether the removal of
the vehicle was lawful, whether the lien amount is based upon recoverable fees as set
forth in subsection (d) of Code Section 40-11-19, and whether notice to all owners was
proper, and shall hear any other facts pertinent to the case to reach a decision on
foreclosure of the lien. The court may hear evidence of and make a determination on
whether storage fees should accrue after the filing date of the petition. Upon conclusion
of the trial, the court shall issue a decision on whether to foreclose the lien for the
recoverable fees set forth in subsection (d) of Code Section 40-11-19 and, if foreclosure
is granted, the court shall order the disposition of the motor vehicle as provided for in
Code Section 40-11-19.2. A fee of no more than $14.00 may be charged for a certified
copy of such order which shall be issued by the clerk of court."
PART III
SECTION 3-1.
(a) Except as provided for in subsection (b) of this section, this Act shall become effective
on July 1, 2026.
(b) Part II of this Act shall become effective on January 1, 2028.
SECTION 3-2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A House bill would create a statewide online database of towed vehicles that towing companies must use to notify owners, replacing newspaper ads, while also shortening some owner notice deadlines and tightening others.
### Plain-language summary
Currently, when a Georgia towing company cannot locate a vehicle's owner, the law requires the company to buy newspaper advertisements describing the vehicle before it can foreclose a lien and sell it. This bill would set up a statewide 'towed motor vehicle database,' built by the Department of Revenue or a licensed nonprofit industry group, where owners could look up a towed vehicle by VIN or license plate. Towing companies would have to enter each towed vehicle's VIN into the database within three days, and doing so would count as legal notice instead of running a newspaper ad.
The bill also shortens the deadline for sending the official notification letter to owners from 15 days to 7 days, but lengthens the time an owner has to respond to a foreclosure petition from 10 days to 30 days. If a towing company skips required notice steps, the vehicle can be re-impounded to fix the problem, and any storage fees charged before that re-impoundment are wiped out. Most of the bill takes effect July 1, 2026, but the notice and database-use requirements in Part II do not start until January 1, 2028.
### What it does
- Requires the Department of Revenue (or an approved nonprofit industry group) to build a statewide towed motor vehicle database searchable by VIN and license plate, operating by January 1, 2027.
- Requires towing and storage companies to submit a towed vehicle's VIN to the database within three days and treats that submission as sufficient legal notice to the owner instead of a newspaper advertisement.
- Shortens the deadline for sending an owner the required notification letter from 15 calendar days to 7 days after a vehicle is towed.
- Extends the time an owner has to answer a lien foreclosure petition from 10 days to 30 calendar days after notice is sent.
- Allows a vehicle to be re-impounded if a towing company, repair facility, or salvage dealer fails to follow notice rules, and cancels any storage fees charged before that re-impoundment.
- Requires the database operator, if a private nonprofit, to carry a $1 million surety bond and undergo independent data security audits.
### Who it affects
Vehicle owners whose cars are towed from public or private property, towing and storage companies, repair facilities and salvage dealers that place liens on vehicles, the Department of Revenue, magistrate courts that handle lien foreclosure cases, and any nonprofit industry group that might operate the database.
### Why it matters
Owners would be able to search online for a towed vehicle instead of relying on companies to find them or on newspaper ads few people read, potentially making it easier to recover a car before it is sold. Towing companies would face a faster notice deadline but also new database duties and a two-year phase-in for the notice changes.
### Key provisions
- Section 1-2 requires the Department of Revenue to establish the towed motor vehicle database by rule no later than October 1, 2026, functional by January 1, 2027.
- Section 1-2 lets a qualifying nonprofit trade association operate the database if it maintains a $1 million surety bond, internal controls, and CPA-conducted data security audits, and keeps records for five years.
- Sections 2-1 and 2-2 add a requirement that towing firms submit a vehicle's VIN to the database within three days of removal from public or private property.
- Section 2-3 shortens the owner notification letter deadline from 15 calendar days to 7 days and eliminates the newspaper advertisement requirement, replacing it with timely database entry as sufficient notice.
- Section 2-3 adds a new subsection (g) allowing re-impoundment of a vehicle for notice noncompliance and voiding storage fees charged before that re-impoundment.
- Section 2-4 extends an owner's window to file an answer to a lien foreclosure petition from 10 days to 30 calendar days and removes the newspaper-advertisement path for serving unlocated owners.
- Section 3-1 sets the general effective date at July 1, 2026, but delays Part II's notice and database-use changes until January 1, 2028.
## Status
- Status: Introduced (2025-01-29)
- Last action: House Committee Favorably Reported By Substitute (2026-03-03)
- Sponsors: Eddie Lumsden, Clint Crowe, Bruce Williamson, Brian Prince, Bill Hitchens
- Official page: https://www.legis.ga.gov/legislation/69664
> The history, votes, and amendments (199 characters) are at https://georgiacommons.org/bills/2025-2026/hb184.md?full=1