Section 32-13-4 - Contesting sale; hearing(a) The current owners, registrants, secured parties, and lienholders of record, if any, of a motor vehicle, prior to the sale, may contest the sale of the motor vehicle pursuant to this chapter by filing a notice of appeal with the circuit court in the county where the sale is scheduled to occur.(b)(1) If no application for hearing is timely made by the current owners, registrants, secured parties, or lienholders of record, if any, for the motor vehicle, the motor vehicle may be sold at the time and place designated in the notice of sale and any personal property or items contained in the vehicle may be disposed of in a manner determined by the person or entity conducting the sale.(2) If application for a hearing is timely made by the current owners, registrants, secured parties, or lienholders of record, if any, for the motor vehicle, then all such parties shall be provided notice by the circuit court. The circuit court shall conduct a hearing to determine if the motor vehicle is an abandoned motor vehicle as defined by this chapter and whether proper notices were provided pursuant to subsection (d) of Section 32-8-84 and this chapter. The motor vehicle shall not be sold pending the decision by the circuit court.(3) If the circuit court judge determines that the motor vehicle was abandoned and that proper notice or notices were issued, the motor vehicle may be sold as an abandoned motor vehicle after notice of the sale as prescribed in Section 32-13-3.(4) Any contest regarding the sale of an abandoned motor vehicle, after the sale has occurred, shall be filed in the circuit court in the county where the sale occurred. Any contest regarding the reasonable cost of repair, towing, storage, and all reasonable expenses incurred in connection with the sale shall be filed in the circuit court in the county where the sale is scheduled or has occurred.Ala. Code § 32-13-4 (1975)
Amended by Act 2017-441,§ 1, eff. 5/26/2017.Amended by Act 2015-470,§ 1, eff. 7/1/2016.Acts 1971, No. 1154, p. 1999, §4; Acts 1983, No. 83-494, p. 691, §1; Acts 1989, No. 89-758, p. 1534, §3; Act 2003-402, p. 1170, §1; Act 2006-414, p. 1027, §1.