HB1134: HB1134 Property; repossessors of motor vehicles; revise notice requirements
Last action March 31, 2026 · Senate Tabled
A Georgia Senate substitute for HB 1134 would add a legal presumption for exactly when a lawful vehicle repossession is considered complete, affecting repossession companies and vehicle owners with personal property left inside.
In plain language
Georgia law already requires anyone who repossesses a car to act as a caretaker of any personal belongings left inside, and to notify the owner twice before disposing of unclaimed items. This bill keeps those existing notice steps: notifying the owner within ten days of repossession, sending a second notice if items are not claimed within 30 days, and disposing of the property if it remains unclaimed 30 days after that. The bill adds a new rule in O.C.G.A. § 44-14-411.1 creating a rebuttable presumption, meaning the law will assume something is true unless someone proves otherwise, about when a repossession itself counts as finished. It says a repossession is presumed complete once the vehicle is hooked to a tow truck or loaded onto a carrier, once the repossessing party or its agent has entered the vehicle, or once the vehicle has been moved. The bill repeals any conflicting laws.
What the bill does
- Keeps the existing requirement that a person repossessing a car must safely hold any personal property found inside and can charge storage costs.
- Keeps the existing two-notice process: notice to the owner within 10 days, then a second notice if the property is unclaimed after 30 days.
- Adds a new rebuttable presumption that a repossession is legally complete once the vehicle is attached to a tow truck or carrier, entered by the repossessing party or its agent, or moved.
- Repeals any other Georgia laws that conflict with this new presumption standard.
Who it affects
The bill affects licensed vehicle repossession companies and their agents, lenders who order repossessions, and vehicle owners or drivers whose cars are repossessed and who may dispute whether a repossession was completed lawfully.
Why it matters
By spelling out clear markers, like a vehicle being hooked to a tow truck or driven away, for when a repossession is finished, the bill could affect disputes over whether a repossession attempt was interrupted, cancelled, or completed, which matters for liability and legal claims between owners and repossession companies.
Key provisions
- Section 1 amends O.C.G.A. § 44-14-411.1, keeping subsection (a)'s rule that a repossessor becomes an involuntary depository of personal property left in the vehicle.
- Subsection (b) keeps the 10 day notice requirement to the vehicle owner about disposing of personal property, delivered by personal service, certified mail, or statutory overnight delivery.
- Subsections on second notice and disposal after 30 unclaimed days remain, directing proceeds from disposal to be handled under O.C.G.A. § 44-14-412.
- A new subsection (c) creates a rebuttable presumption that repossession is complete when the vehicle is attached to a tow truck or carrier, entered by the repossessing party or an agent, or moved.
- Section 2 repeals any Georgia laws that conflict with the new provisions.
From the bill
“The motor vehicle has been attached to a tow truck or loaded onto a carrier;”
Status timeline
- Senate Tabled (Senate)
- Senate Taken from Table (Senate)
- Senate Tabled (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported By Substitute (Senate)
- Senate Read and Referred (Senate)
- House Passed/Adopted (House)
- House Third Readers (House)
Show full history (12 actions)
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Kimberly New (R, HD-040)
- John Corbett (R, HD-174)
- Danny Mathis (R, HD-133)
- Alan Powell (R, HD-033)
- Vance Smith (R, HD-138)
- Marty Harbin (R, SD-016)
Votes
- House voteMarch 4, 2026
139 yea, 16 nay (9 not voting, 13 absent)
- Senate voteMarch 27, 2026
26 yea, 22 nay (3 not voting, 3 absent)
Topics
- vehicle repossession
- consumer protection
- property law
- auto loans