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Time Of Hearing post-trial release of the motor vehicle pursuant to G.S. 20-28.2(f), after the hearing on the forfeiture of the v ehicle. pretrial release of t he 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. a. b. Make I. PETITION (Check one or both, as applicable) (Over) County LIENHOLDER'S PETITION FOR RELEASE OF SEIZED MOTOR VEHICLE N OTICE OF HEARIN G/WAIVER AND ORDER - IMPAIRED DRIVING G.S. 20-28.2(d), 20-28.2(f), 20-28.3(e3) AOC-CR-334A, Rev. 12/13 © 2013 Administrative Office of the Courts Name Of Defendant Defendan t's Drivers License No. State The motor vehicle described above was seized on the date shown above pursuant to G.S. 20-28.3(a). The undersigned petitions for: Vehicle Identification No. Vehicle Type Year In The General Court Of Justice District Superior Court Division Vehicle License No. State Date Of Seizure Date Of Offense The petitioner is: an individual. a firm or corporation acting through the undersigned agent. The undersigned states: 1. The petitioner holds a security interest in the motor v eh icle that had been perfected at the time of the seizure and that appears on the title to the v ehicle. 2. Default on the obligation secured by the motor v ehicle has occurred and the vehicle owner is in default under the terms of the security instrument evidencing the petitioner's interest in the v ehicle. 3. The court may require petitioner to present documentation that supports the allegation that the vehicle owner is in default. NOTE: As a consequence of t he default, the petitioner is entitled to possession of the motor v ehicle. 4. 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 mus t insert that information in the “Notice Of Hearing” on Side One, date and sign the “Notice Of Hearing,” and serve a copy of the P tahw yb dna devres saw ohw gniwohs ,esac siht ni ecivres fo etacifitrec a elif neht tsum uoY .seitrap detseretni lla no gniraeH fo ecitoN dna noitite 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. 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: AM PM Date Of Hearing Location Of Hearing Name Of Petitioner Date Signature Of Petitioner 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 t he General Statutes, and pay to the Clerk of Superior Court the proceeds from the sale, less the amount of t he 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 v ehicle to the defendant, to the motor vehicle ow ner or to any person acting on behalf of t he defendant or the motor vehicle owner. NOTE: A lienholder who refuses to sell, give or 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). 7. The motor v ehicle has not previously been released to t he petitioner. II.NOTICE O F HEARING (FOR PRETRIAL RELEASE PETITION) Name, Address And Telephone No. Of Petitioner (Type Or Print) Signature Of PetitionerDate Drivers License No. (Individual Petitioner Only) Date A hearing on the above petition will be held on the date and at t he time and location shown below. File No. STATE OF NORTH CAROLINA AOC-CR- 334A, Side Two, Rev. 12/13 © 2013 Administrative Office of the Courts III. WAIVER OF HEARING AND CONSENT TO RELEASE Deputy CSC Clerk Of Superior Court Assistant CSC 2. 1. Assistant CSC Clerk Of Superior Court Signature Signature Of Presiding Judge Each undersigned party waives a hearing on the above Petition and consents to the release of the motor v ehicle described above to the petitioner pursuant to G.S. 20-28.3(e3). NOTICE TO PARTY OBTAINING RELEASE: “[W]ithin 30 days of the date of the court’s [release] order, the owner must make paym ent of t he outst anding towing and storage costs for the motor vehicle and retrieve the motor vehicle, or give notice to [the] Division of Motor Vehicles requesting a judicial hearing on the validity of any mechanics’ lien on the motor vehicle for towing and storage costs.” G.S. 20-28.4. Date Signature All inter ested parties have waiv ed notice and a hearing on the petition and have c onsented to the release of the motor vehicle to the petitioner, as evi denced by their signatures above. 1. Therefore, it is ORDEREDthat the motor v ehicle described on the reverse side be released to the petitioner upon payment of all towing and storage charges incurred as a result of t he seizure and impoundment of that v ehicle, and the Clerk of Superior Court shall disburse to the lienholder any funds being held by t he Clerk representing proceeds of insurance for damage to the motor vehicle. The petitioner shall not sell, give or otherwise transfer possession of the motor v ehicle to the defendant, to the motor v ehicle owner or to NOTE: Violation o f this condition shall be pu nishable by civil or criminal contempt. G.S. 20-28.3(e3). In addition, see the NOTICE TO PARTY OBTAINING RELEASE below. IV. CLERK'S O RDER RELEASIN G MOTOR VEHICLE O N PARTIES' CONSENT On the petition of t he lienholder named on the reverse side for release of the motor v ehicle described on the reverse side, the undersigned finds: The petitioner holds a security interest in the motor v ehicle that had been perfected at the time of the seizure and appears on the title to the v ehicle. 2. The petitioner has agreed not to sell, give, or transfer possession of the motor v ehicle to the defendant named on the reverse side, to the motor vehicle owner or to any person actin g on behalf of the defendant or the motor vehicle owner. 3. Date This matter is before the Court on the petition of the lienholder named on the reverse side for release of the motor v ehicle 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 t he hearing were served by the petiti oner on all inter ested parties at least ten (10) days prior to the hearing, as ev idenced by the petitioner’s certificate o f service on file in this case. V. JUDGE'S O RDER ON PETITION AFTER HEARING On the basis of t he evidence pres ented and the entire record in this case, the Court finds by the greater weight of the evi dence that: The petitioner holds a security interest in the motor v ehicle that had been perfected at t he time of the seizure and that ap pears on the title to the v ehicle. 1. 5. 2. 4. 3. NOTE TO CLERK: The Clerk shall report to DMV by electronic means ( STARS) the entry of an order of release. G.S. 20-28.8. The Clerk also may send a copy of the order of release to the county school board attorney and District Attorney. The foregoing is a true and correct copy of t he original on file in this office. CERTIFICATION Signature Date The petition is denied. T he motor vehicle shall remain im pounded pending further orders of the Court. Date Name Of Presiding Judge (Type Or Print) The motor vehicle described on the reverse side be released to the petit ioner upon payment of all towing and storage charges incurred as a result of t he seizure and impoundment of that v ehicle, and the Clerk of Superior Court shall disburse to the lienholder any funds being held by t he Clerk representing proceeds of insurance for damage to the motor vehicle. The petitioner shall not sell, give or otherwise transfer possession of the motor v ehicle 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 It is ORDERED that: The petitioner has agreed not to sell, give or otherwise transfer possession of the motor v ehicle to the defendant, to t he motor v ehicle ow ner or to any person acting on behalf of the defendant or the motor vehicle owner. 6. The motor v ehicle has not previously been released to t he petitioner. Default on the obligation secured by t he motor vehicle has occurred and the motor vehicle owner is in default under the terms of t he security instr ument evidencing the petitioner's interest in the v ehicle. The petitioner has agreed to sell the motor v ehicle 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 S uperior Court the proceeds from the sale, less the amount of t he lien and less the towing and storage costs paid by the petitioner. Party Registered O wner Tit led O wner District Attorney School Board Attorney Name As a consequence of the default, the petitioner is entitled to possession of the motor v ehicle. (FOR PRETRIAL RELEASE PETITION) (FOR PRETRIAL RELEASE PETITION) by civil or criminal contempt. G.S. 20-28.3(e3). any person acting on behalf of the defendant or the motor vehicle owner.\