Georgia Repo Affidavit: Form T-16 Signers and 30-Day Deadline

Georgia’s Form T-16, Affidavit of Repossession, is the notarized document a lienholder files with a County Tag Office to transfer a vehicle’s title after a lawful repossession. It is submitted alongside a title application, the existing title, an odometer disclosure where required, and an $18 fee, and the full packet must reach the tag office within 30 days of the date you acquired the vehicle.1Justia. Georgia Code 40-3-34 – Transfer of Vehicle by Operation of Law

The affidavit itself certifies that the lienholder took the vehicle under a security interest after default and that the prior owner’s interest has been terminated. It presumes the repossession was lawful. Georgia allows self-help repossession under O.C.G.A. § 11-9-609, but only without a breach of the peace: no forced entry into a closed garage, no physical confrontation, no threats.2Justia. Georgia Code 11-9-609 – Secured Party’s Right to Take Possession After Default If the taking crossed that line, filing the T-16 does not cure it.

Who Signs the Form

Form T-16 must be signed by an authorized agent of the lienholder or security interest holder. The signer prints a name, lists a position or job title, and signs under a certification that the information is complete and correct and that any other lien or security interest holders have been notified.3Georgia Department of Revenue. Form T-16 Affidavit of Repossession In practice that is someone at the lending institution with direct knowledge of the account, or a representative of a repossession company acting for the lender. If a third-party firm files, be ready to show proof of authority to act for the lienholder.

Do not sign the form in advance. The signature has to happen in the physical presence of a notary public, who then completes the notary acknowledgment, signs, and applies the official seal or stamp. The notary section also captures the notary’s full legal name, physical address, email, and commission expiration date. A missing seal or an expired commission will send the whole packet back.

Filling Out Form T-16 Section by Section

Download the current form from the Georgia Department of Revenue. It has five sections:3Georgia Department of Revenue. Form T-16 Affidavit of Repossession

  • Section A — Owner Information. Full legal name, mailing address, and phone number for the primary owner on the current title, and the same for any secondary owner.
  • Section B — Lienholder Information. The lienholder’s or security interest holder’s name, the date the repossession took place, mailing address, and phone number.
  • Section C — Vehicle Information. The 17-character VIN, year, make, model, and current title number. The VIN is usually visible through the driver-side windshield at the base of the dashboard or on the door jamb sticker. One transposed character is enough to trigger a rejection.
  • Section D — Certification. The authorized agent’s printed name, job title, signature, and date.
  • Section E — Notary Acknowledgment. Completed entirely by the notary.

Every entry needs to match the original loan agreement and the existing certificate of title. Names, addresses, and the VIN all have to line up across the T-16, the MV-1, and the title itself. Inconsistencies are the most common reason a repossession packet comes back unprocessed.

What to File With the T-16

The affidavit alone does not transfer title. The county tag office needs the full packet:4Georgia Department of Revenue. Repossessed Vehicle Title

  • Form MV-1, Georgia’s standard title and tag application.5Georgia Department of Revenue. MV-1 DOR Motor Vehicle Title/Tag Application
  • The original valid Georgia title or manufacturer’s statement of origin, issued in the name of the person from whom the vehicle was repossessed. If the repossessor is not titling the vehicle in its own name, the title must be properly assigned to the new owner.
  • A copy of the security agreement, when the repossessor is not already shown on the title as the lienholder. The contract has to list the vehicle as collateral with a complete description (year, make, VIN) and be signed by the person from whom the vehicle was repossessed.
  • An Odometer Disclosure Statement for any vehicle less than 20 model years old. Vehicles 20 model years or older are exempt from federal odometer disclosure requirements.6Georgia Department of Revenue. Odometer Disclosure Information
  • The $18 title fee.7Georgia Department of Revenue. Motor Vehicles Fees, Fines, and Penalties

If you cannot produce the original title, the lienholder may need to show that the lien was properly perfected in Georgia’s electronic title records. Title Ad Valorem Tax can also apply depending on the circumstances of the transfer.

Where to File and How Long It Takes

The completed packet goes to a County Tag Office.4Georgia Department of Revenue. Repossessed Vehicle Title Most counties take in-person submissions, and some accept filings by mail. The Georgia DRIVES e-Services portal lets you start a pre-application for title and registration online, but a repossession packet still has to be submitted at a tag office.

Payment methods vary by county and commonly include checks, money orders, and credit cards. Once the packet is accepted, the new certificate of title typically arrives by mail within about seven to ten business days. If something is off (a VIN mismatch, an expired notary commission, missing supporting documents) the DOR issues a rejection notice telling you what to fix.

Expedited Processing

For an extra $10 special handling fee, the Department of Revenue offers expedited title processing. It is available only for in-person submissions at the DOR Motor Vehicle Division office at 4125 Welcome All Road, Atlanta, Georgia 30349, and not at county tag offices.7Georgia Department of Revenue. Motor Vehicles Fees, Fines, and Penalties

The 30-Day Deadline

O.C.G.A. § 40-3-34 gives the transferee 30 days from the date it acquired the vehicle to submit the title application, the existing certificate of title, proof of transfer, and the lienholder’s affidavit.1Justia. Georgia Code 40-3-34 – Transfer of Vehicle by Operation of Law File late and the state adds a $10 penalty on top of the $18 title fee. The penalty is small, but the delay can hold up an auction sale if the buyer needs clean title in hand.

Out-of-State Lienholders and Out-of-State Titles

A lender headquartered outside Georgia can use Form T-16 and the same supporting documents as a Georgia lender. The limit is on the vehicle itself: if the vehicle is titled in another state and neither the repossessor nor the buyer is a Georgia resident, Georgia will not issue a title.4Georgia Department of Revenue. Repossessed Vehicle Title In that situation the title transfer has to go through the state where the vehicle is titled or where the buyer lives.