Current through Acts 2023-2024, ch. 1069
Section 55-31-304 - Garagekeepers(a) Notwithstanding this chapter to the contrary, the police department through its chief officer, after complying with § 55-31-302, may execute a written waiver of its right to sell a vehicle taken into custody under this chapter in favor of a garagekeeper in whose possession the vehicle was lawfully placed by the police department under this chapter. If a garagekeeper has made repairs to a vehicle for which a waiver has been executed, then the garagekeeper may proceed to enforce the lien as provided in § 66-19-103. If the garagekeeper has not made repairs to a vehicle for which a waiver has been executed, then the garagekeeper may proceed to sell the vehicle in accordance with the procedure established in § 55-31-303.(b) As to third-party purchasers, the sale of the abandoned, immobile, or unattended vehicle is valid, but the garagekeeper shall sell the vehicle in a commercially reasonable manner.(c) A person injured as a result of a violation of subsection (b) is entitled to maintain a private right of action for injunctive relief and to recover actual damages, compensatory damages, punitive damages, and reasonable attorney fees against an alleged violator.Added by 2024 Tenn. Acts, ch. 1017,s 4, eff. 7/1/2024.