Introduction
A lawsuit has been filed against several judges by four towing companies, alleging that their lots are overflowing with abandoned vehicles due to the courts’ failure to follow state law. The issue centers around the handling of motions related to abandoned vehicles, which the towing companies claim are not being addressed in a timely manner.
The Problem
The towing companies, including Futo Inc., ATO Atlanta LLC, Southside Record Service LLC, and South Metro Towing Inc., argue that the delays in processing motions for abandoned vehicles are causing their lots to become overcrowded. Roby Hellard, manager at Futo Inc., stated that their lot has been so overloaded that they had to put up a fence at the end of 2022 because there was no more room to take in or move around any more cars.
Legal Process for Abandoned Vehicles
Under Georgia law, towing companies are required to send notice to the owners and lienholders of abandoned vehicles twice by certified mail. This process takes roughly 60 days. If no one claims the vehicles, the companies then file motions with the magistrate court to recoup towing and storage fees by selling the cars. By law, the court is required to rule on these motions within 15 days. However, the towing companies allege that this deadline is frequently missed, leading to a backlog of unaddressed motions.
Outstanding Motions
Lawyer Will Story, representing the towing companies, stated that he has filed a petition for a writ of mandamus against Fulton County’s Chief Magistrate Judge Cassandra Kirk and other magistrate judges. He noted that as of the time of his conversation with Channel 2 Action News, 388 motions had been filed by the four towing companies, with many of them dating back to 2021 and 2022. Story highlighted specific cases where motions have been pending for significantly longer than the 15-day requirement. For instance, Futo Inc. had 57 motions pending for more than 15 days as of January 11th, with the oldest motion filed on March 7, 2022. ATO Atlanta LLC had 100 motions outstanding, Southside Record Service LLC had 174 motions, and South Metro Towing Inc. had 57 motions pending as of January 25th, with some motions dating back to December 2021.
Court’s Response
In response to the allegations, Fulton County Chief Magistrate Judge Cassandra Kirk emphasized that the magistrate court handles a wide range of cases, including landlord-tenant disputes, garnishments, small claims, and more. She stated that data from the past eight years shows an impressive closure rate despite limited resources. Judge Kirk also mentioned that a team of judges has been assigned to handle abandoned motor vehicle cases for years. However, she pointed out that the court’s budget for fiscal year 2024 has been cut by $780,000, which will impact the time judges can spend on these cases.
Budget Cuts and Implications
The budget adopted by the Fulton County Board of Commissioners reduced the magistrate court’s budget by $780,000, while increasing the Superior Court’s budget by the same amount. This reduction in budget for the magistrate court is expected to affect its ability to handle abandoned vehicle cases efficiently. Judge Kirk indicated that the budget cut would inevitably lead to delays in processing these cases, as the reduced funding limits the court’s resources and manpower.
Conclusion
The lawsuit brought by the four towing companies against the judges highlights the challenges and delays in handling abandoned vehicle cases within the Fulton County magistrate court system. With hundreds of motions pending and lots overflowing with unclaimed cars, the towing companies are seeking judicial intervention to expedite the process and alleviate the burden on their operations. As the case proceeds, the outcome will likely have significant implications for both the towing industry and the court’s handling of abandoned vehicle cases in the future.
