In General Motors Acceptance Corp. v. State of Georgia , 268 Ga. App. 473 602 SE2d 235 2004, a majority of the Court of Appeals held that General Motors Acceptance Corporation GMAC was not an innocent interest holder in a Chevrolet Silverado truck in which it held a security interest, and that, therefore, GMAC’s interest in the vehicle was subject to forfeiture by the State under OCGA § 16-13-49 e 1 A.1 Because we conclude that the Court of Appeals erroneously applied an improper legal standard in reaching that determination, we reverse. James Childrey purchased a 2002 Chevrolet Silverado truck on credit. The dealer assigned the retail installment contract to GMAC, which obtained a first priority security interest in the vehicle. In June 2002, Childrey and his wife were arrested after the Fayette County Drug Suppression Task Force searched their home and vehicles and recovered approximately two pounds of methamphetamine and one pound of marijuana in another vehicle owned by Childrey. The State seized a boat and two other automobiles in which Childrey had significant equity. The Silverado was parked near the residence; no contraband was found inside, and the agents declined to seize it after learning that Childrey had no equity in the vehicle.
Several days later, task force Agent David Neal telephoned a GMAC representative and informed him of Childrey’s arrest.2 Agent Neal also advised GMAC that Childrey was using other GMAC-financed vehicles for the transportation and sale of illegal narcotics, and should Childrey be caught again, GMAC would no longer be considered an innocent interest holder with respect to those vehicles. Agent Neal also told GMAC that the task force did not have cause to seize the other vehicles, but he requested that GMAC repossess them.3 Because the only information that GMAC had at that point was Agent Neal’s statement that Childrey was selling drugs, GMAC was concerned that it had insufficient documentation to support repossession of the vehicles, and it asked for written confirmation. Agent Neal replied that he would have law enforcement send a letter to that effect; but despite the agent’s assurances, no written confirmation was ever provided. Nonetheless, GMAC undertook its own investigation by sending a field representative to inspect the Childrey property and to interview Mrs. Childrey. She informed the GMAC representative that her husband was presently incarcerated on drug charges and that the Silverado was being used by an employee of their siding business. The vehicle was not seen on the premises at the time and GMAC independently verified the fact that Mr. Childrey remained incarcerated. Although GMAC’s financing contract with Childrey permitted repossession of a vehicle which is “exposed . . . to misuse, seizure or confiscation,” it is the company’s policy to require concrete facts before effecting a repossession. Based on his observations, his interview with Mrs. Childrey, and independent verification, the field representative determined that there was no “concrete evidence” to authorize a repossession.
