HB234 Alabama 2017 Session

Summary

Primary Sponsor

David FaulknerRepresentative

Republican

Session

Regular Session 2017

Title

Motor vehicles, abandoned, contests, notice of appeal required to be filed in circuit court in county where sale is scheduled, Tax Tribunal, not subject to declaratory judgment, declaratory ruling, or contested case provisions of Admin. Procedure Act, Sec. 40-2B-1.1 added; Sec. 32-13-4 am'd.

Summary

HB234 would require that appeals contesting the sale of an abandoned motor vehicle be filed in circuit court in the county where the sale is scheduled to occur, removing the Alabama Tax Tribunal from the appeals process.

What This Bill Does

The bill changes who handles appeals from the Alabama Tax Tribunal to circuit courts in the county where the sale takes place. It requires that a notice of appeal be filed in that circuit court (in the specified county). If a timely hearing request is made, the circuit court will hear whether the vehicle is abandoned and whether proper notices were given, and the vehicle cannot be sold until a decision is made. If the vehicle is found abandoned with proper notices, it may be sold after notice. Any further contest about the sale after it occurs must be filed in the circuit court in the county where the sale occurred, and contesting related costs must be filed in the circuit court in the county where the sale is scheduled or has occurred.

Who It Affects

• Current owners, registrants, secured parties, and lienholders of record of a motor vehicle — their appeals must be filed in the circuit court rather than with the Alabama Tax Tribunal.
• Circuit courts in the counties where sales are scheduled to occur (or have occurred) — they will conduct hearings to determine abandonment and oversee subsequent appeals and costs related to abandoned vehicle sales.

Key Provisions

• Amends Section 32-13-4 to require notice of appeal for abandoned vehicle sales be filed in the circuit court in the county where the sale is scheduled to occur (or has occurred).
• Eliminates the Alabama Tax Tribunal as the option for filing appeals related to abandoned vehicle sales, directing all appeals to circuit court.
• If a timely hearing request is made, the circuit court will conduct a hearing to determine whether the vehicle is abandoned and whether required notices were provided; the sale cannot occur while a decision is pending.
• If abandonment is confirmed and notices were proper, the vehicle may be sold after proper notice.
• Post-sale contests about the sale or related costs must be filed in the circuit court in the county where the sale occurred or where the sale is scheduled or occurred, respectively.
• The act takes effect immediately upon governor’s approval or as otherwise provided by law.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Motor Vehicles