Legal Question in Credit and Debt Law in Georgia

My car was repo'd in georgia, when i called to get my personal belongings out of my car they stated that i would have to pay a $80 fee to retrieve my stuff. Can they do that?


Asked on 6/30/16, 11:52 am

1 Answer from Attorneys

No, but are they can disguise this under other names - like a storage fee. Its not a fee to recover your property; it is a fee for storing your personal items. Here is the statute:

OCGA � 44-14-411.1. Depositories of involuntary, gratuitous, or naked deposits -- Repossessor of motor vehicle as involuntary, gratuitous, or naked depository of personal property found therein; disposition of personal property

(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.

(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) If the personal property is not redeemed within 30 days from the date of the second 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.

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Answered on 6/30/16, 6:09 pm


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