The Georgia T-16 Affidavit of Repossession is the sworn, notarized statement a lienholder files to move a repossessed vehicle’s title into the lienholder’s name. It is not a standalone filing. You submit the T-16 together with a completed Form MV-1 Title/Tag Application, the previous certificate of title if you have it, and proof that the debtor’s interest has been terminated, delivered to a county tag office within 30 days of the repossession date.1Georgia Department of Revenue. Repossessed Vehicle Title Miss that 30-day window and a $10 late penalty attaches; if the tag office rejects your package and you don’t fix it within 60 days, another $10 penalty hits and the vehicle’s license plate is deemed expired.2Justia. Georgia Code 40-3-34 – Transfer of Vehicle by Operation of Law
What Goes in the Filing Package
The Department of Revenue requires four items when a lienholder applies for a new title after a repossession:1Georgia Department of Revenue. Repossessed Vehicle Title
- The completed, notarized T-16 Affidavit of Repossession.
- Form MV-1 Title/Tag Application. This is the form that actually requests the new certificate; the T-16 is the supporting affidavit.
- The last certificate of title for the vehicle, if available. O.C.G.A. § 40-3-34 requires you to surrender it to the county tag agent or the commissioner.2Justia. Georgia Code 40-3-34 – Transfer of Vehicle by Operation of Law
- Proof of transfer: the security agreement and evidence that the debtor defaulted.
If you don’t have the paper title, provide the alternative proof of transfer the commissioner requires by regulation. Lienholders enrolled in Georgia’s Electronic Lien and Title (ELT) program never held a paper certificate in the first place.3Georgia Department of Revenue. Electronic Lien and Title (ELT) Program In that situation, include a written explanation that the title was held electronically.
You also need an odometer reading on the title or a secure transfer document at the time of transfer, unless the vehicle is in one of the federal exemption categories (over 16,000 pounds GVWR, 20 or more model years old, non-self-propelled, or new-dealer-to-dealer transfers).4Georgia Department of Revenue. Odometer Disclosure Information
How to Complete the T-16
Download the current T-16 from the Department of Revenue.5Georgia Department of Revenue. T-16 Affidavit of Repossession Print legibly or type, and complete every field before you submit.
Owner and Vehicle Fields
The owner section identifies the debtor whose title interest is being terminated. Use the full legal name exactly as it appears on the existing title. The vehicle description takes the 17-digit VIN, year, make, and model. Copy the VIN directly from the dash plate or an existing title document. A single transposed digit here will get the whole package kicked back.
The Sworn Statement and Notary Block
In the affidavit section, the lienholder or an authorized agent swears that the vehicle was repossessed under the terms of the security agreement and Georgia law, and that the debtor’s interest has been terminated. This is a legal certification under oath. A false affidavit exposes the signer to perjury liability.
Sign in the physical presence of a notary public. The notary verifies your identity, applies the official seal, and records the commission expiration date. A missing seal, illegible commission number, or expired commission will cause rejection. Georgia notaries charge $2.00 per notarial act.6GSCCCA. Georgia Notary Law
Where to File and What Happens Next
Deliver the full package to the County Tax Commissioner’s tag office in the county where the vehicle will be registered or where the lienholder does business. You can walk it in during business hours or send it by certified mail for a delivery receipt.
The tag office reviews the documents for completeness, then forwards the information to the Department of Revenue for processing. The new title, showing the lienholder as owner, is mailed to the address on the application. Counties such as DeKalb and Cobb report roughly 7 to 10 business days for title issuance, though state-level volume can stretch that.7DeKalb County Tax Commissioner’s Office. Vehicle Titles
If the office rejects your filing, you have 60 days from the rejection date to resubmit corrected paperwork. After that, a second $10 penalty applies, and the vehicle’s license plate is deemed expired at midnight on the sixtieth day and must be returned to the commissioner.2Justia. Georgia Code 40-3-34 – Transfer of Vehicle by Operation of Law
Fees and Deadlines
The baseline charge is Georgia’s $18 title fee for a change of ownership.8Georgia Department of Revenue. Motor Vehicles Fees, Fines, and Penalties Add $10 if you file past the 30-day deadline, and another $10 if a rejected filing isn’t corrected within 60 days.2Justia. Georgia Code 40-3-34 – Transfer of Vehicle by Operation of Law The T-16 also notes that Title Ad Valorem Tax may apply; whether and how much depends on the vehicle and the transaction.
Most tag offices accept certified checks, money orders, and cashier’s checks. Some take credit cards with a processor surcharge.
When You Can Skip the New Title
If you plan to resell the vehicle rather than keep it, you may not need a new title at all. O.C.G.A. § 40-3-34 lets a secured party who takes over the owner’s interest and holds the vehicle for resale deliver the last certificate of title (if available), together with any other documents the commissioner requires, directly to the buyer at the point of sale.2Justia. Georgia Code 40-3-34 – Transfer of Vehicle by Operation of Law That saves the $18 title fee and sidesteps the 30-day clock, but only if you do not register or use the vehicle before selling it.
Make Sure the Repossession Itself Was Lawful
Filing a T-16 does not cure a repossession that broke the rules. Two issues sink lienholders more than any others.
No Breach of the Peace
Under Georgia’s version of UCC Article 9, a secured party may repossess without going to court, but only if the seizure happens without a breach of the peace.9Justia. Georgia Code 11-9-609 – Secured Party’s Right to Take Possession After Default If the debtor objects, the agent is confronted, or the agent enters a locked garage, the repossession can be challenged and the title transfer along with it. The alternative is judicial process, meaning a court order first.
Servicemembers Civil Relief Act
Federal law prohibits repossessing a vehicle from an active-duty servicemember without a court order, regardless of consent or how peaceful the seizure would be. The protection applies to any installment purchase contract where the servicemember made at least one payment before entering active duty.10Office of the Law Revision Counsel. 50 USC 3952 – Protection Under Installment Contracts for Purchase or Lease A repossession that violates the SCRA is voidable, and any title transfer built on it can be unwound. Verify military status through the Department of Defense’s SCRA website before seizing a vehicle.11Consumer Financial Protection Bureau. Servicemembers Civil Relief Act (SCRA)
Debtor Notices on Their Own Clock
Several notices to the debtor run independently of the title filing. They matter because missing them can cost you the deficiency balance even if the T-16 goes through cleanly.
If you plan to collect the remaining loan balance after sale, send written notice of that intention within 10 days of the repossession, by registered mail, certified mail, or statutory overnight delivery, to the address in the contract or a later address the buyer designated. The notice also has to inform the borrower of the right to redeem and the right to demand a public sale. Skip it and you forfeit the deficiency claim entirely.12Justia. Georgia Code 10-1-36 – Disposition of Motor Vehicle
Before selling the vehicle, send the debtor and any other interested parties a reasonable signed notice of the planned disposition, with the date, time, and method of sale.13Justia. Georgia Code 11-9-611 – Notification Before Disposition of Collateral Every aspect of the sale, including method, timing, price, and terms, must be commercially reasonable.14Justia. Georgia Code 11-9-610 – Disposition of Collateral After Default A debtor who successfully challenges a commercially unreasonable sale can defeat the deficiency.
Personal belongings left in the vehicle are a separate matter from the vehicle itself. Under O.C.G.A. § 44-14-411.1, the repossessor must notify the owner within 10 days of the repossession about the intent to dispose of any personal property left inside, and the owner then has 30 days to collect it before a second notice and another 30-day window run.15Justia. Georgia Code 44-14-411.1 – Repossessor of Motor Vehicle Items physically attached or affixed to the vehicle are not personal property under the statute.