STATE OF SOUTH CAROLINA	)	CIVIL CASE NO:
)
COUNTY OF	)
)	IN THE MAGISTRATE’S COURT
)
)	PETITION AND AFFIDAVIT FOR
)

)	DISCARDED/ABANDONED

VEHICLES/PROPERTY/MOBILE HOME
I, , the Plaintiff in this civil action do make the following claims:

The name of the Plaintiff/Plaintiff's business/Plaintiff local official is , which is located in the Magisterial District in County. The business license number is (if applicable). I make the following claims based on 1, 2, 3, 4, or 5 below.

1. VEHICLE TOWED BY LAW ENFORCEMENT ORDER/REQUEST :

On (date), the Plaintiff received a (vehicle VIN and description) for towing and/or storage and as of (current date), an amount of is owed on the above vehicle. This total amount represents: $ Towing, $ Repairs and/or $ Storage.

a) Did this vehicle have a colored tag or other notice advising that the vehicle had been declared abandoned or derelict? If YES attach tag or Law Enforcement Report.

b) Highway Patrol/Sheriff/Municipal Police (circle one) called to tow a vehicle from the public roadway/ public property/private property (circle one) as a result of abandonment/accident/breakdown/after an arrest (circle one) or (other).

c) I reported the vehicle to be in my possession on (date) to (agency).

d) I received information on ownership and lien holders on (date). Copy attached.

e) I have sent a Certified, Return Receipt letter to (titleholder) on (date); to (Lienholder) on_____(date).
Thirty (30) days has passed and no effort has been made to claim the vehicle by this owner (Yes/No), or the letter was returned unclaimed (Yes/No). Copy attached.

f) Owner/Lienholder information has been received from State Agency. A copy is attached.

g) No Ownership/Lienholder information is available after reasonable search or certified return receipt letter(s) to the owner and/or lienholder was returned unclaimed and Notice of vehicle sale was published on (date) in (name of newspaper). Copy attached.

2. VEHICLE CUSTOMER ORDERED REPAIR/TOWING:

On (date), the Plaintiff received a (vehicle VIN and description) for repairs or towing and as of (current date) an amount of is owed on the vehicle herein. This total represents: $ Towing, $ Repairs and/or $ Storage. Towing/repairs were ordered by (name of person).

a) On (date), I sent a Report of Unclaimed Vehicle to the South Carolina Department of Public Safety concerning this vehicle.

b) On or about (date), the South Carolina Department of Public Safety sent a letter to me stating that the vehicle was registered to and that there was a lien (Yes/No) with the lienholder listed as . Copy attached.

c) I sent a Certified, Return Receipt Letter to (titleholder and person ordering towing/repairs if different from titleholder) on (date), which was received by the addressee, 30 days has passed, and no effort has been made to claim the vehicle. (Yes/No). The letter was returned unclaimed (Yes/No). Copy attached.

d) The lienholder was notified, Certified, Return Receipt Letter on (date), and the letter was received by the addressee (Yes/No). Lienholder’s letter was returned unclaimed (Yes/No). Mailing date of letter is: . Copy attached.

e) Owner/Lienholder information has been received from State Agency. A copy is attached.

f) No Ownership/Lienholder information was available after reasonable search, or the certified return receipt letter(s) to the Owner and/or Lienholder was returned unclaimed and Notice of Vehicle Sale was published on in (newspaper). Copy attached.

3.	STOLEN VEHICLES:

On (date), the Plaintiff received a (vehicle VIN and description) for repairs or towing, which was stolen and as of (current date) an amount of is owed on the vehicle herein. This total represents: $ Towing, $ Repairs and/or $ Storage. Towing/repairs were ordered by (name of person).

Highway Patrol/Sheriff/Municipal Police (circle one) called to tow a vehicle from the public roadway/public property/private property (circle one) and as a result determined that the vehicle was stolen.

I reported the vehicle to be in my possession on date to (agency).

I received information from Law Enforcement on ownership and lienholders on (date). Copy attached.

d) I have sent a Certified, Return Receipt Letter to (titleholder) on (date) and to (lienholder) on (date). The same was received by addressee(s), 30 days has passed, and no effort has been made to claim the vehicle. (Yes/No). The letter was returned unclaimed (Yes/No). Copy attached.

No Ownership/Lienholder information was available after reasonable search, or the certified return receipt letter(s) to the Owner and/or Lienholder was returned unclaimed and Notice of Vehicle Sale was published on in (newspaper). Copy attached.

4. DERELICT/ABANDONED MOBILE HOME SALE/DESTRUCTION:

a) The mobile home located at has been (evicted) (abandoned)(declared derelict) by Court Order dated (copy attached) and the required notice was posted on (date) and remained posted for 30 days. Description of mobile home: Make , Model , Vehicle Identification Number .

b) A request for title information was filed with the motor vehicle division on (date) and for tax information with the County Auditor on (date).

c) That I sent a Certified Return Receipt letter concerning this action to (titleholder)(tax payer)(lienholder) on (date).

d) The letter was (received) or (unclaimed) by titleholder;

(received) or (unclaimed) by tax payer;

(received) or (unclaimed) by lienholder.

e) No ownership information is available because .

f) The sale of this mobile home was published on (date) in newspaper.

THEREFORE, plaintiff requests that the Court order the mobile home described herein sold/destroyed and removed.

5. OTHER ABANDONED PROPERTY:

On (date), the Plaintiff came into possession of a (description of property) and as of (current date), an amount of is owed on the above item. This total amount represents: $ Storage, $ Other (Specify) .

a) I have sent a Certified, Return Receipt letter to (titleholder) on (date); to (Lienholder)on (date).
Thirty (30) days has passed and no effort has been made to claim the item by this owner (Yes/No), or the letter was returned unclaimed (Yes/No). Copy attached.

b) Owner/Lienholder information has been received from State Agency. A copy is attached.

c) No Ownership/Lienholder information is available after reasonable search or certified return receipt letter(s) to the owner and/or lienholder was returned unclaimed and Notice of item sale was published on (date) in (name of newspaper). Copy attached.

6. The plaintiff has given all proper notices as provided in Section 29-15-10 of the South Carolina Code of Laws and is now entitled to sell said vehicle at public sale after proper advertisement.

7. Plaintiff Has Attached Copies Of All Paperwork.

8. Non-Attorney Representation Form attached, if required.

THEREFORE, plaintiff moves that this Court order that all vehicles/mobile homes/property described herein be sold at public auction/destroyed.

I state under penalty of perjury that the above information is true and correct to the best of my knowledge:

Signature	Date
Business
Address/City/State/Zip
Phone
Sworn before me (date)

Notary Public for South Carolina
My Commission Expires

SCCA/269 (06/2007)

STATE OF SOUTH CAROLINA

mbaughman

2007-07-23

Winkie Clark

RICHLAND COUNTY