This case involves the seizure and forfeiture of a leased vehicle. The Department of Safety ("the Department") sent a notice of the forfeiture proceedings to the corporate owner/lessor at the address listed on the vehicle's certificate of title. Because the owner had moved two years previously and the Postal Service had ceased forwarding its mail, the unopened certified letter was returned to the Department marked "Not Deliverable as Addressed Unable to Forward." The Department took no further steps to locate the owner and summarily ordered the forfeiture of the vehicle. Upon learning of the forfeiture, the owner filed a petition for a stay and reconsideration, which the Department denied. The owner then filed a petition for review in the Chancery Court of Davidson County in which it challenged the adequacy of the notice procedure. The trial court ruled the notice procedure did not meet constitutional due process requirements under the circumstances, in which the corporate owner had a registered agent for service of process whose name and address were easily obtainable through the Secretary of State's Office. The Department appeals, arguing that due process does not require that it seek out a corporate owner that has failed to notify the Department of its change of address, as required by Tennessee Code Annotated section 55-4-131. We affirm the judgment of the trial court.
Case Number
M2003-00147-COA-R3-CV
Originating Judge
Judge by Interchange Walter C. Kurtz
Case Name
Toyota Motor Credit Corporation, v. State of Tennessee, Department of Safety
Date Filed
Dissent or Concur
No
Download PDF Version
toyota.pdf36.34 KB