§ 44A-6.1. Action to regain possession of a motor vehicle or vessel.
§44A‑6.1. Action to regain possession of a motor vehicle or vessel.
(a) When the lienorinvoluntarily relinquishes possession of the property and the property uponwhich the lien is claimed is a motor vehicle or vessel, the lienor mayinstitute an action to regain possession of the motor vehicle or vessel insmall claims court any time following the lienor's involuntary loss ofpossession and following maturity of the obligation to pay charges. The lienorshall serve a copy of the summons and the complaint pursuant to G.S. 1A‑1,Rule 4, on each secured party claiming an interest in the vehicle or vessel. For purposes of this section, involuntary relinquishment of possession includesonly those situations where the owner or other party takes possession of themotor vehicle or vessel without the lienor's permission or without judicialprocess. If in the court action the owner or other party retains possession ofthe motor vehicle or vessel, the owner or other party shall pay the amount ofthe lien asserted as bond into the clerk of the court in which the action ispending.
If within three days afterservice of the summons and complaint, as the number of days is computed in G.S.1A‑1, Rule 6, neither the defendant nor a secured party claiming aninterest in the vehicle or vessel files a contrary statement of the amount ofthe lien at the time of the filing of the complaint, the amount set forth inthe complaint shall be deemed to be the amount of the asserted lien. The clerkmay at any time disburse to the lienor that portion of the cash bond which isnot in dispute, upon application of the lienor. The magistrate shall:
(1) Direct appropriatedisbursement of the disputed or undisbursed portion of the bond; and
(2) Direct appropriatepossession of the motor vehicle or vessel if, in the judgment of the court, theplaintiff has a valid right to a lien.
(b) Either party to anaction pursuant to subsection (a) of this section may appeal to district courtfor a trial de novo. (1991, c. 344, s. 2, c. 731, s. 4.)