4 towing companies sue judges saying lots are overflowing with abandoned cars because of them
Summary
TLDRA lawsuit has been filed against Fulton County Magistrate Judges, alleging that their failure to follow state law on abandoned vehicles is overflowing tow companies' lots. Multiple toe companies claim dozens of motions for court orders to sell abandoned vehicles, as required by law within 15 days, have been outstanding for over 200 days. The lawyer filing the suit suggests 388 total motions are outstanding. The Chief Judge claims limited resources have delayed responding to motions, and recent budget cuts will further affect processing time.
Takeaways
- 😡 A lawsuit has been filed against Fon County Magistrate Judges alleging their failure to follow state law regarding abandoned vehicles is overflowing tow lots
- 😱 The manager of Futo Inc, a big Atlanta tow company, says the issue with the Magistrate Court threatens to wreck their business
- 🤔 Georgia law requires the court to rule within 15 days on motions by tow companies to sell abandoned vehicles to recoup fees, but this often has not happened
- 😠 As of January, there were 388 outstanding motions from 4 tow companies with some going back to 2021
- 🧐 Fon County's Chief Magistrate Judge says she was unaware of the 388 motions but encourages the companies to send them
- 😩 The lawyer filing the suit suggests there are still many 2021 and 2022 motions without court orders
- 😕 The Magistrate Court budget was recently cut by $780,000 which could further slow rulings
- 🤨 The lawyer says this is not about profits for the tow companies as any money collected above fees goes to the state
- 😟 Owners have 1 year to claim funds from sold abandoned vehicles
- 😣 The Magistrate Court handles many types of cases with limited resources but still maintains an incredible closure rate over 8 years
Q & A
What is the lawsuit filed against?
-The lawsuit is filed against a group of Fon County Magistrate Judges.
What does the lawyer allege?
-The lawyer alleges that the judges' failure to follow state law regarding abandoned vehicles has caused the tow companies' lots to overflow.
What does Georgia law require regarding abandoned vehicles?
-Georgia law requires tow companies to send notice to owners/lien holders of abandoned vehicles. Then if unclaimed, file motions so vehicles can be sold to recoup fees. The court must rule on motions within 15 days.
How many outstanding motions does the lawyer claim there are?
-The lawyer claims there are 388 outstanding motions across 4 tow companies.
What was the oldest outstanding motion filing date claimed?
-The oldest claimed outstanding motion was filed in August 2021.
What does Judge Kirk say about the backlog of motions?
-Judge Kirk says she is not aware of 388 outstanding motions, but encourages the companies to send them any they have.
What does Judge Kirk say is affecting processing time?
-Judge Kirk says recent budget cuts will affect the time judges can spend on abandoned vehicle cases.
What does the lawyer say this lawsuit is not about?
-The lawyer says this lawsuit is not about profits for the tow companies.
What happens to money collected above fees?
-Any money collected above storage/tow fees goes to the state for 1 year for owners to claim.
What does the video script focus on?
-The video script focuses on a lawsuit alleging Fon County Magistrate Judges have a backlog of motions regarding abandoned vehicles.
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