Lienholders Petition For Release Of Seized Motor Vehicle Notice Of Hearing Waiver And Order Impaired Driving {CR-334A}

STATE OF NORTH CAROLINA County Name Of Defendant Defendant's Drivers License No. Vehicle Identification No. Vehicle License No. Vehicle Type Make State Year State File No. In The General Court Of Justice Superior Court Division District LIENHOLDER'S PETITION FOR RELEASE OF SEIZED MOTOR VEHICLE NOTICE OF HEARING/WAIVER AND ORDER IMPAIRED DRIVING G.S. 20-28.2(d), 20-28.2(f), 20-28.3(e3) Date Of Seizure Date Of Offense I. PETITION The motor vehicle described above was seized on the date shown above pursuant to G.S. 20-28.3(a). The undersigned petitions for: (Check one or both, as applicable) pretrial release of the motor vehicle pursuant to G.S. 20-28.3(e3), after a hearing on this Petition to be held upon ten (10) days prior notice to all interested parties. post-trial release of the motor vehicle pursuant to G.S. 20-28.2(f), after the hearing on the forfeiture of the vehicle. The undersigned states: 1. The petitioner is: a. an individual. b. a firm or corporation acting through the undersigned agent. 2. The petitioner holds a security interest in the motor vehicle that had been perfected at the time of the seizure and that appears on the title to the vehicle. 3. Default on the obligation secured by the motor vehicle has occurred and the vehicle owner is in default under the terms of the security instrument evidencing the petitioner's interest in the vehicle. NOTE: The court may require petitioner to present documentation that supports the allegation that the vehicle owner is in default. 4. As a consequence of the default, the petitioner is entitled to possession of the motor vehicle. 5. The petitioner agrees to sell the motor vehicle in accordance with the terms of the security agreement and pursuant to the provisions of Part 6 of Article 9 of Chapter 25 of the General Statutes, and pay to the Clerk of Superior Court the proceeds from the sale, less the amount of the lien and less the towing and storage costs paid by the petitioner. 6. The petitioner agrees not to sell, give or otherwise transfer possession of the motor vehicle to the defendant, to the motor vehicle owner or to any person acting on behalf of the defendant or the motor vehicle owner. NOTE: A lienholder who refuses to sell, give or 7. The motor vehicle has not previously been released to the petitioner. Name, Address And Telephone No. Of Petitioner (Type Or Print) Date Signature Of Petitioner Drivers License No. (Individual Petitioner Only) Date transfer possession of the motor vehicle to the defendant, the motor vehicle owner or any person acting on behalf of the defendant or the motor vehicle owner shall not be liable for damages arising out of such refusal. G.S. 20-28.2(f); G.S. 20-28.3(e3). II. NOTICE OF HEARING (FOR PRETRIAL RELEASE PETITION) To each registered owner and titled owner of the motor vehicle described above, to the attorney for the board of education of the county named above, and to the District Attorney for the prosecutorial district that includes the county named above: A hearing on the above petition will be held on the date and at the time and location shown below. Date Of Hearing Date Time Of Hearing Name Of Petitioner AM PM Location Of Hearing Signature Of Petitioner NOTE TO PETITIONER SEEKING PRETRIAL RELEASE: If, when this petition is filed, all parties have not signed the "Waiver Of Hearing And Consent To Release" on Side Two, you must obtain a date, time and location for a hearing on this petition in accordance with any calendaring practices in effect in this district. You must insert that information in the "Notice Of Hearing" on Side One, date and sign the "Notice Of Hearing," and serve a copy of the Petition and Notice of Hearing on all interested parties. You must then file a certificate of service in this case, showing who was served and by what means. Service may be made by delivering a copy to the person to be served or mailing a copy to that person at the person's last known address. (Over) American LegalNet, Inc. www.FormsWorkFlow.com AOC-CR-334A, Rev. 12/13 © 2013 Administrative Office of the Courts Each undersigned party waives a hearing on the above Petition and consents to the release of the motor vehicle described above to the petitioner pursuant to G.S. 20-28.3(e3). Party Name Date Signature III. WAIVER OF HEARING AND CONSENT TO RELEASE (FOR PRETRIAL RELEASE PETITION) Registered Owner Titled Owner District Attorney School Board Attorney IV. CLERK'S ORDER RELEASING MOTOR VEHICLE ON PARTIES' CONSENT (FOR PRETRIAL RELEASE PETITION) On the petition of the lienholder named on the reverse side for release of the motor vehicle described on the reverse side, the undersigned finds: 1. All interested parties have waived notice and a hearing on the petition and have consented to the release of the motor vehicle to the petitioner, as evidenced by their signatures above. 2. The petitioner holds a security interest in the motor vehicle that had been perfected at the time of the seizure and appears on the title to the vehicle. 3. The petitioner has agreed not to sell, give, or transfer possession of the motor vehicle to the defendant named on the reverse side, to the motor vehicle owner or to any person acting on behalf of the defendant or the motor vehicle owner. Therefore, it is ORDERED that the motor vehicle described on the reverse side be released to the petitioner upon payment of all towing and storage charges incurred as a result of the seizure and impoundment of that vehicle, and the Clerk of Superior Court shall disburse to the lienholder any funds being held by the Clerk representing proceeds of insurance for damage to the motor vehicle. The petitioner shall not sell, give or otherwise transfer possession of the motor vehicle to the defendant, to the motor vehicle owner or to any person acting on behalf of the defendant or the motor vehicle owner. NOTE: Violation of this condition shall be punishable by civil or criminal contempt. G.S. 20-28.3(e3). In addition, see the NOTICE TO PARTY OBTAINING RELEASE below. Signature Assistant CSC Clerk Of Superior Court Date This matter is before the Court on the petition of the lienholder named on the reverse side for release of the motor vehicle described on the reverse side. A hearing was held before the Court on this date. If this is a petition for pretrial release, a copy of the petition and a notice of the hearing were served by the petitioner on all interested parties at least ten (10) days prior to the hearing, as evidenced by the