Rule 60-2-1-.24. Notice to Lessor and Request for Documents

Rule 60-2-1-.24. Notice to Lessor and Request for Documents

1. (1) If a lessor has timely petitioned to be a party to the arbitration proceeding pursuant to O.C.G.A. § 10-1-786(c), the lessor shall be notified of the arbitration hearing as provided in Rule 60-2-1-.18(1) and requested to provide, at a minimum, the following documents and information:

   1. (a) If the lessee is seeking a replacement vehicle, a good faith estimate of the charges that the lessor and the lessee will each incur as a result of the replacement transaction;
   2. (b) If the lessee is seeking a repurchase award, a copy of the lease agreement indicating the adjusted capitalized cost of the new motor vehicle, a payment history, and any evidence, if applicable, that the lessee has failed to meet any of the existing terms of the lease agreement, and the amount of money owed by the lessee to the lessor as a result of such failure(s); and

   3. (c) The name, mailing address, e-mail address, and phone number of any attorney who will represent the lessor at the hearing.

      The lessor's information and documents shall be filed with the panel. Copies shall be sent to all parties. The panel and all parties must receive the lessor's information and documents no later than five (5) days prior to the date of the hearing.

2. (2) If the lessor's information and documents are not received by the panel, the consumer, the manufacturer, and all other parties, if any, by at least five (5) days prior to the date of the hearing, the arbitrator(s) may limit or exclude the lessor's use of the information or documents at the hearing.

Authority: O.C.G.A. §§ 10-1-784(b)(2)(A),(3)(A); 10-1-786, 10-1-795.

History. Original Rule entitled "Notice to Lessor and Request for Documents" adopted. F. May 16, 2016; eff. June 5, 2016.