Lien Sales and Abandoned Vehicles
22.000Introduction
This
chapter contains the procedures for lien sales and abandoned vehicles.
22.010Definitions
Lienholder—As
used in this chapter, the “lienholder” is the person or entity who
has an interest in the vehicle due to storage and/or towing costs.
Legal
Owner—The legal owner is the person or entity who has a financial
interest in the vehicle and is listed on the titling document in the lienholder
section.
Department—As
used in this chapter the “department” is the California Department
of Motor Vehicles (DMV).
Low-Value
Vehicle—As used in this chapter, “low-value vehicle” is a
vehicle valued at $500 or less.
22.100Local Abatement Procedure (VC §§22660,
22661, 22662)
A city
or county may adopt an ordinance establishing procedures for the abatement and
removal of abandoned, wrecked, dismantled, or inoperative vehicles or parts
from private or public property that are a public nuisance.
22.110Disposition of Vehicles Removed by a Local
Abatement Procedure (VC §22661)
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Step
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Action—Local Abatement
Procedure
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1
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Issue a 10-day notice of intention to
abate and remove the vehicle or parts. The 10-day notice is not
required if:
•The property owner and the owner of the vehicle sign a
release authorizing removal and waive further interest in the vehicle, or
part, or
•The vehicle is inoperable due to the absence of motor,
transmission, or wheels; is incapable of being towed; is valued at less than
$200 and is determined by the local agency to be a public nuisance; and the
property owner signs a release authorizing removal and waives interest in the
vehicle.
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2
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Within five days of removal of an
abandoned vehicle, submit a Notice of Removal of Abandoned Vehicle
(REG 104) to the department. Attach any evidence of registration that is
available, such as:
•Registration Card
•Certificate of Title
•License plates or a Statement of Facts (REG 256)
certifying that the plates were destroyed.
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3
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Dismantle the vehicle or dispose of it
at a licensed dismantler or a scrap iron processor.
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22.120Reregistration of Vehicles Removed by a Local
Abatement Procedure
(VC §§22661[f], 22711)
A
vehicle removed under the abatement procedure may not be reconstructed or made
operable unless it qualifies for Horseless Carriage or Historical Vehicle
license plates (VC §5004).
EXCEPTION:
If a
local ordinance has an abatement program under VC §22710 (Service
Authority for Abatement of Abandoned Vehicles) and all reporting requirements
have been met, local authorities may give abandoned vehicles to a correctional
institution. The institution must have a program under the consent of the
Director of Corrections for their inmates to restore and rebuild donated
salvageable and abandoned vehicles.
22.130Dismantler Acquisition of Vehicles Removed by a
Local Abatement Procedure
(VC §22664)
Dismantlers,
who acquire these vehicles from a public agency, are exempt from paying any
fees or penalties that may have accrued for the vehicle and from filing a
Notice of Acquisition/Report of Vehicle To Be Dismantled (REG 42), if a
copy of the resolution or order authorizing disposition of the vehicle is
maintained as part of the dismantler’s business records.
22.200Abandoned Low-Value Vehicles (VC §22669)
Whenever
a peace officer, or any designated employee of a public agency authorized by to
VC §22669, removes or causes the removal of an abandoned vehicle and the
public agency, or at the request of the public agency, the lienholder
determines the estimated value of the vehicle to be $500 or less, the public
agency must dispose of the vehicle.
22.210Disposition of Abandoned Low-Value Vehicles (VC
§22851.3)
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Step
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Action — Abandoned
Low-Value Vehicles
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1
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At least 72 hours before the vehicle
is removed, a peace officer or an authorized public agency employee must
securely attach a distinctive notice stating the vehicle will be removed by
the public agency.
If the vehicle lacks an engine,
transmission, wheels, tires, doors, windshield, or any other part or
equipment necessary to operate safely on the highways, it may be removed
immediately without posting a notice (VC §22669[d]).
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2
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Immediately after the vehicle is
removed, the public agency must notify the Department of Justice at:
Department of Justice
Bureau of Information Services
Stolen Vehicle Unit
PO Box 9034l7
Sacramento, CA 94203-4l70
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3
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The public agency or the lienholder, at
the request of the public agency, must obtain from the DMV record the names
of all persons having interest in the vehicle.
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4
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Within 48 hours of the removal,
excluding weekends and holidays, the public agency or the lienholder, at the
public agency’s request, must notify all interested parties of the
intent to dispose of the vehicle as follows:
Public agency notification:
By first class or certified mail, send
a written notice pursuant to
VC §22851.3 (d) to:
•The registered owner
•The legal owner
•Any other persons having interest in the vehicle.
Lienholder
notification at the request of the public agency:
Complete
and send by certified mail a Notice of Intent To Dispose of a Vehicle Valued
at $500 or Less Removed by a Public Agency (REG 684B) to:
•The registered owner
•The legal owner
•Any other persons having interest in the vehicle.
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5
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If the vehicle remains unclaimed after
15 days from the notification date, the towing and storage fees were not
paid, and a request for a post-storage hearing was not made or the
post-storage hearing was not attended, the public agency must complete
Section A of the Public Agency Authorization To Dispose of a Vehicle to a Scrap
Iron Processor or Dismantler Valued at $500 or Less (REG 462). Distribute the
REG 462 as follows:
•Give white and pink copies to the towing agent
•Retain the yellow copy for your records.
NOTE: If there is no DMV
record, the public agency may issue a REG 462 any time after the removal.
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6
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If the notification was made by the
lienholder at the request of the public agency, the lienholder must complete
a Statement of Facts for Vehicles Valued at $500 or Less Removed by a Public
Agency CVC 22851.3
(REG 686B).
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7
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Dispose of the vehicle to a licensed
dismantler or a scrap iron processor.
Give the dismantler or scrap iron
processor:
Public agency notification:
•REG 462-white copy (lienholder completes Section B)
•Copy of the written notification
Lienholder
notification:
•REG 462-white copy (lienholder completes Section B)
•REG 684B
•REG 686B
•Certified mailing receipts.
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8
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If the notification was made by the
lienholder at the request of the public agency, the lienholder must mail a
copy of the REG 686B to the department at the address on the form.
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9
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Within 90 days of acquiring the
vehicle the dismantler must submit to the department:
•REG 42
•REG 462-white copy
AND
•REG 684B
•REG 686B
•Certified mailing receipts
OR
•A copy of the written notification from the public
agency.
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22.220Request for Post-Storage Hearing of Abandoned
Low-Value Vehicles
(VC §22851.3 [e] [g])
If the
recipient of the Notice of Intent To Dispose of a Vehicle Valued at $500 or
Less Removed by a Public Agency (REG 684) or a written notice from the public
agency wishes to stop the disposal or dispute removal, he/she must request a
post-storage hearing in person, in writing, or by telephone within 10 days of
the date the notice was mailed.
The
requested hearing must be conducted by the public agency within 48 hours of the
request, excluding weekends and holidays. If the recipient disagrees with the decision
it may be reviewed pursuant to Government Code §11523. The vehicle
in question cannot be disposed of during the time the decision is being
reviewed.
22.230Reregistration of Abandoned Low-Value Vehicles
(VC §22851.3 [l])
An
abandoned low-value vehicle disposed of pursuant to VC §22851.3 may
not be reconstructed or made operable unless it qualifies for Horseless
Carriage or Historical Vehicle license plates. (VC §5004)
22.240Dismantler Acquisition of Abandoned Low-Value
Vehicles (VC §11520)
Dismantlers
who acquire abandoned low-value vehicles from a public agency are exempt from
paying any fees or penalties that may have accrued. Dismantlers are also exempt
from filing a Notice of Acquisition (REG 42), but must submit the Report of
Vehicle To Be Dismantled (REG 42).
22.300Low-Value Vehicles Removed for Reasons Other
than Abandonment (VC §22851.2)
Whenever
a peace officer, or authorized employee of a public agency, removes or causes
the removal of a vehicle for reasons other than abandonment that has a value of
$500 or less, the public agency must dispose of the vehicle.
22.310Disposition of Low-Value Vehicles Removed for
Reasons Other than Abandonment (VC §§22851.6, 22851.8, 22851.10)
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Step
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Action — Low-Value
Vehicles Removed for Reasons Other than Abandonment
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1
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Within 48 hours after removal of the
vehicle, the public agency must notify the Department of Justice at:
Department of Justice
Bureau of Information Services
Stolen Vehicle Unit
PO Box 9034l7
Sacramento, CA 94203-4l70
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2
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Within 15 working days following the
date of possession of the vehicle, the lienholder must apply to the
department for the names and addresses of all persons having an interest in
the vehicle.
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3
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Immediately upon receipt of DMV record
information, the lienholder must complete and send by certified mail, with
return receipt requested or U.S. Postal Service Certificate of Mailing, a
Notice of Intent To Dispose of a Vehicle Valued at $500 or Less Removed by a
Public Agency for Reasons Other than Abandonment (REG 684A) and a return
envelope pre-addressed to the lienholder to:
•The registered owner
•The legal owner
•Any other persons having interest in the vehicle.
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4
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The public agency must complete
Section A of the Public Agency Authorization To Dispose of a Vehicle to a
Scrap Iron Processor or Dismantler Valued at $500 or Less (REG 462). After
the expiration of the opposition period, distribute the REG 462 as follows:
•Give the white and pink copies to the towing agent
•Retain the yellow copy for your records.
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5
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If a Declaration of Opposition is not
received by the intended disposal date, the lienholder must dispose of the
vehicle to a dismantler or a scrap iron processor and provide the following
to the buyer:
•REG 462-white copy (lienholder completes Section A)
•REG 684A
•Statement of Facts for Vehicles Valued at $500 or Less
Removed by a Public Agency for Reasons Other Than Abandonment CVC 22851.8
(REG 686A) completed by the lienholder.
•Certified mailing receipts or U.S. Postal Service
Certificate of Mailing receipt.
If a Declaration of Opposition is received, in addition
to the above documents one of the following must also be given to the
buyer.
•A copy of a court judgment and a Statement of Facts
(REG 256) stating that five days have passed since the judgement was awarded
and no payment has been received.
•The declarant’s release (original signature
required).
•A letter of authorization to continue with the lien
sale issued by the department.
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7
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Within five days of selling the
vehicle to a dismantler or scrap iron processor, the lienholder must provide
to the dismantler:
•REG 462-white copy
•REG 684A
•REG 686A
•Certified mailing receipt or U.S. Postal Service
Certificate of Mailing receipt.
•A document authorizing continuation of the sale after a
Declaration of Opposition was submitted, if applicable.
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8
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Within 90 days of acquisition, the
dismantler must submit to the department:
•REG 42
•REG 462-white copy
•REG 684A
•REG 686A
•Certified mailing receipt or U.S. Postal Service
Certificate of Mailing receipt.
•A document authorizing continuation of the sale after a
Declaration of Opposition was submitted, if applicable.
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22.320Vehicle Identification Number Missing at the
Time of Removal on Low-Value Vehicles Removed for Reasons Other than
Abandonment (VC §22851.2 [b])
If the
condition of the vehicle is such that there is no means of determining
ownership, the public agency that removed the vehicle may give authorization to
dispose of the vehicle on the Public Agency Authorization of Disposal of
Vehicle to a Scrap Iron Processor or Dismantler Valued at $500 or Less (REG
462). If authorization for disposal is not issued, a vehicle identification
number must be assigned prior to continuing the procedures in §5.310 of
this manual.
22.330Declaration of Opposition on Low-Value Vehicles
Removed for Reasons Other than Abandonment (VC §22851.8 [d])
If the
lienholder receives a completed Declaration of Opposition that is postmarked
within 10 days of the date the REG 684A was mailed, the vehicle cannot
be disposed of unless:
•The
lienholder files an action in court within 20 days of the date the REG 684 was
mailed, a judgment is awarded to the lienholder, and it is not paid within five
days of becoming final.
•The
declarant releases his or her interest in the vehicle.
•The
department issues a letter of authorization to continue with the lien sale when
the declarant could not be served by certified mail or in person by a marshal,
sheriff, or licensed process server. The lienholder must submit an Application
for Authorization to Continue Lien Sale After Unsuccessful Service (REG 659)
with one of the following attached.
—Service
attempted by certified mail—an unopened certified letter that contains
the court documents with which service was attempted.
—Service
attempted in person by a marshal, sheriff, or licensed process server—the
documents proving unsuccessful service.
22.340Reregistration of Low-Value Vehicles Removed for
Reasons Other than Abandonment (VC §22851.10 [c])
A
vehicle disposed of to a licensed dismantler or scrap iron processor pursuant
to
VC §22851.2 cannot be reconstructed or made operable unless it is a
vehicle that qualifies for either Horseless Carriage license plates or
Historical Vehicle license plates pursuant to VC §5004.
22.350Dismantler Acquisition of Low-Value Vehicles
Removed for Reasons Other than Abandonment (VC §11520)
Dismantlers
who acquire low-value vehicles removed for reasons other than abandonment from
a public agency are exempt from paying any fees or penalties that may have
accrued. Dismantlers are also exempt from filing a Notice of Acquisition (REG
42), but must submit the Report of Vehicle to be Dismantled (REG 42).
22.400Lien Sales (Civil Code (CC)
§§3068 thru 3074)
A
person who has repaired, furnished supplies/materials for, or towed or stored a
vehicle and is not paid for the services rendered has a lien against the
vehicle. The lien may be satisfied by obtaining a court judgment or selling the
vehicle through a lien sale process outlined in the CC §§3071 and
3072. To conduct a lien sale, the person/lienholder must have possession
of the vehicle.
The
lien arises (becomes effective) at the time the registered owner is presented
with a written statement of charges for completed work or services. If,
however, possession is the result of a public agency or private property
impound, the lien arises when the vehicle is transported (towed).
22.405Legal Owner Notification Required
The
legal owner must be notified and give their written consent before the
service is rendered or the portion of the lien that is in excess of the
following amounts cannotbe charged:
•$750 for any
work or services.
•$400 for
storage, safekeeping, or parking space rental fees.
•$500 for
storage or safekeeping fees for a vehicle valued over $4,000 or stored at a
self-service storage facility if an Application for Lien Sale Authorization and
Lienholder’s Certification (REG 656) is submitted to the department
within 30 days after the lien arises.
22.410Lien Sale Categories
The two
types of lien sales are:
•Vehicles
valued over $4,000 or stored at a self-service storage facility
(CC §3071).
•Vehicles
valued at $4,000 or less (CC §3072).
22.415Lien Sale Valuation (VC §22670)
For
lien sale purposes, the public agency shall determine the estimated value of
the vehicle. If the public agency fails or refuses to estimate the value within
three days after the date of removal of the vehicle, the garage keeper or the
garage keeper’s agent must determine the estimated value of the vehicle.
22.420Lien Sale Dispute Resolution
The
lien sale processes explained in this Chapter are governed by California
Civil Code §§3067—3074. Disputes between a lienholder and
an interested party (including the registered owner or legal owner on the
vehicle history records) are a civil matter that can only be decided in court
and do not involve the Department of Motor Vehicles
22.425Storage Lien Limitation
Stored
by a law enforcement agency (VC §22851)—the number of days for a
storage lien on a vehicle placed in storage by a law enforcement agency is 60
days. For vehicles valued over $4,000 the storage lien may be extended to 120
days if an Application for Lien Sale Authorization and Lienholder’s
Certification (REG 656) is submitted to the department within 30 days after the
lien arises.
Vehicles
valued at $4,000 or under (CC §3068.1(b))—the number of days for a
storage lien on a vehicle valued at $4,000 or under is 15 days. The storage
lien may be extended to 60 days if a Notice of Pending Lien Sale for Vehicle
Valued $4,000 or Less (REG 668) is sent to all interested parties and the DMV
within 15 days after the lien arises. The storage lien may be extended to 120
days if:
•A
Declaration of Opposition is filed within the appropriate time frame.
•The vehicle
has out-of-state registration.
•The vehicle
identification number was altered or removed.
•A person who
has interest in the vehicle becomes known to the lienholder after the
lienholder has mailed the Notice of Pending Lien Sale for Vehicle Valued $4,000
or Less (REG 668).
Vehicle
valued over $4,000(CC §3068.1(c))—For vehicles valued over $4,000 the storage
lien may be for 120 days if an Application for Lien Sale Authorization and
Lienholder’s Certification (REG 656) is submitted to the department
within 30 days after the lien arises.
22.430Cost of Conducting a Lien Sale (VC §22851.12)
Once a
lienholder has requested the names and addresses of all persons having an
interest in the vehicle from the Department of Motor Vehicles, a lien sale
preparation fee may be charged. The fee may not exceed $70 for vehicles valued
at $4,000 or less or $100 for vehicles valued over $4,000 or from a
self-service storage facility.
This
fee becomes part of the possessory lien, however, only half of this fee can be
charged if the vehicle is redeemed before the lien sale notifications have been
mailed.
This
fee cannot be charged if the vehicle is redeemed within 72 hours of its
initial storage.
22.435Declaration of Opposition to a Lien Sale (CC
§§3071 [d][e], 3072 [d][e])
If the
department receives a Declaration of Opposition, notification is sent within 16
days to the lienholder informing him/her that the lien sale is denied and
cannot be conducted unless:
•The
lienholder files an action in court within 30 days of the date the
department’s notice was mailed and a judgment is awarded to the
lienholder that is not paid within five days of becoming final.
•The
declarant signs the Releases Interest on the bottom of the denial
letter.
•The
declarant could not be served by certified mail or in person by a marshal,
sheriff, or licensed process server and the lienholder submits an Application
for Authorization to Continue Lien Sale After Unsuccessful Service (REG 659)
with one of the following attached.
—Service
attempted by certified mail—an unopened certified letter that contains
the court documents with which service was attempted.
—Service
attempted in person by a marshal, sheriff, or licensed process server—the
documents proving unsuccessful service.
When
one of the items listed above is received, the department will send a letter of
authorization to continue with the lien sale to the lienholder.
22.440Proceeds of a Lien Sale (CC §3073)
The
proceeds of a sale must be used to pay the lien and the cost of processing the
lien sale. The cost of processing cannot be more than $70 for vehicle valued at
$4,000 or less or $100 for vehicles valued over $4,000. The lienholder must
forward any remainder to the department’s Lien Sales Unit within 15 days
of the sale.
22.445Additional Lien for Parking Violations (VC
§22851.1[b])
An
additional lien for unpaid parking violation bail may be added for vehicles
impounded by local authorities for parking violations they issued.
Parking
violation bail collected as part of the lien sale process is not
submitted to the department. The lienholder must submit those fees directly to
the local authorities that ordered the vehicle impounded.
22.450Registration Services (VC §§505.2,
1651)
Lien
sale applications completed by a registration service must contain the
registration service’s occupational license number (OL#). If the
registration service’s OL# is not shown on the application, the sale will
be returned for correction.
22.455Planned Non-Operation (PNO) (VC §4604)
A
dealer, lessor-retailer, keeper of a garage, or operator of a towing service is
not required to file a Planned Non-Operation Certification (REG 102) if
the vehicle was currently registered when the lien originated and subsequently
expired while being stored by the lienholder pending a lien sale. Fees
(registration or PNO) are not due until the vehicle is sold at
lien sale and must be paid within 20 days of the sale to avoid
penalties. A Certificate of Non-Operation (REG 102) is not required.
Any
lienholder other those mentioned above must file a planned non-operation prior
to the vehicle expiration date, or penalty fees are due.
22.460Dismantler Acquisition of Vehicles Sold at a
Lien Sale (VC §11520)
Dismantlers
who acquire vehicles that were sold at a lien sale are exempt from paying any
fees or penalties that may have accrued. Dismantlers are also exempt from
filing a Notice of Acquisition (REG 42), but must submit the Report of Vehicle
to be Dismantled (REG 42).
22.500Lien Sale Procedure for Vehicles Valued Over
$4,000 or Stored at a Self-Service Storage Facility (CC §3071)
NOTE: A self-service facility is any
real property designed and used for renting or leasing individual storage
space. This does not include a garage or other storage area in a private
residence.
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Step
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Process — Vehicles Valued
Over $4,000 or Stored at a Self-Service Storage Facility
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1
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Within 30 days of the date the lien
arose (date the registered owner was billed or when the public agency
impounded the vehicle), the lienholder must submit an Application for Lien
Sale Authorization and Lienholder’s Certification (REG 656) and
the nonrefundable processing fee to DMV at:
DMV
Lien Sales Unit MS E143
PO Box 932317
Sacramento, CA 94232-3170
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2
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DMV notifies by certified mail the
owners and interested parties of the lien sale and gives them the opportunity
to stop the sale by signing and returning the Declaration of Opposition
within 10 days of the date the notice was mailed.
If the vehicle is registered in
another state, the department notifies the appropriate agency of that state.
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3
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If the sale is...
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then DMV sends the lienholder...
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opposed
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A letter denying the lien sale
application.
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not opposed
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A letter granting authorization to
conduct the sale.
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4
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Upon receipt of authorization to
conduct the sale from the department, the lienholder must set the date of the
sale.
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5
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Twenty days prior to the sale, but not
counting the day of the sale, the lienholder must send a Notice of Pending
Lien Sale for Vehicle Valued Over $4,000 (REG 280) by certified mail, return
receipt requested, to:
•The registered and legal owners of the vehicle (if
registered in California)
•All persons known to have an interest in the vehicle
•The DMV.
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6
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At least five days, but not more than
20 days prior to the sale, not counting the day of sale, the lienholder must
advertise the sale in a newspaper of general circulation published in the county
in which the vehicle is located. The advertisement must contain the vehicle
identification number and license plate number.
If there is no newspaper of general circulation published in the county, the
Notice of Sale must be posted in three of the most public places in the town
where the vehicle is located and at the place where the vehicle is to be
sold. This notice must be posted for 10 consecutive days prior to and
including the day of sale.
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7
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The lienholder must have the vehicle
available for inspection at a location easily accessible to the public for at
least one hour before the sale. The vehicle must also be at the place of sale
at the time and date specified on the Notice of Pending Lien Sale for
Vehicles Valued Over $4,000 or From a Self-Service Storage Facility (REG
280).
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8
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The lienholder must conduct the sale
in a businesslike fashion. Sealed bids are not allowed.
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9
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After the sale, the lienholder must
keep the vehicle for a 10-day redemption period. The registered or legal
owner may redeem the vehicle by paying the amount of the sale and all costs
and expenses plus 12 percent interest
(CC §3071(k)).
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10
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After the redemption period the
lienholder must:
•Remove and destroy the license plates
•Submit a completed Notice of Transfer and Release of
Liability (REG 138) to the department within five days of the sale.
•Complete a Certification of Lien Sale for Vehicles
Valued Over $4,000 or From a Self-Service Storage Facility (REG 168). If no
one places a qualifying bid on the vehicle, the lienholder must complete the
REG 168 as both the seller and the buyer.
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11
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Give to the buyer:
•REG 168
•Certified mailing receipts
•DMV authorization to conduct a lien sale or if
the lien sale was opposed, a DMV authorization to continue conducting the
lien sale.
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12
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Within 15 days of the sale the
lienholder must submit any excess fees with a copy of the Certification of
Lien Sale for Vehicles Valued Over $4,000 or From a Self-Service Storage
Facility (REG 168) to:
DMV
Lien Sales Unit MS E143
PO Box 932317
Sacramento, CA 94232-3170
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22.510Clearance Requirements for Lien Sales for
Vehicles Valued Over $4,000 or Stored at a Self-Service Storage Facility
•An
Application for Title or Registration (REG 343) completed and signed by the
buyer.
•DMV
authorization to conduct a lien sale or if the lien sale was opposed, a
DMV authorization to continue conducting the lien sale.
•Certification
of Lien Sale for Vehicle Valued Over $4000 or From a Self-Service Storage
Facility (REG 168) completed by the lienholder or agent.
•Certified
mailing receipts (attached to the REG 168)
•A vehicle
verification if there is no record of the vehicle on the DMV database.
•Other
documents, as needed, such as bill(s) of sale and the odometer mileage
disclosure on the Vehicle/Vessel Transfer and Reassignment Form (REG 262).
•Smog
certification, as appropriate.
•Fees
Dismantlers—within 90 days of
acquisition, the dismantler must submit to the department:
•Report of
Vehicle to be Dismantled (REG 42)
•DMV
authorization to conduct a lien sale or if the lien sale was opposed, a
DMV authorization to continue conducting the lien sale.
•Certification
of Lien Sale for Vehicle Valued Over $4000 or From Self-Service Storage
Facility (REG 168) completed by the lienholder or agent.
•Certified
mailing receipts (attached to the REG 168)
•Other
documents, as needed, such as bill(s) of sale.
22.600Lien Sale Procedure for Vehicles Valued At
$4,000 or Less (CC §3072)
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Step
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Process — Vehicles Valued
at $4,000 or Less
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1
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Within 15 days of the date the lien
arose (date the registered owner was billed or when the public agency
impounded the vehicle), the lienholder must submit a Registration
Information Request for Lien Sale (INF 1126) and the nonrefundable processing
fee to DMV to obtain a printout of the vehicle record using the VIN.
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2
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Immediately upon receipt of the
vehicle record information, and at least 31 days but not more that 41 days
prior to the sale date, the lienholder must send:
•A Notice of Pending Lien Sale for Vehicle Valued $4,000
or Less
(REG 668) and a return envelope, pre-addressed to the department, by
certified mail with return receipt requested or by United States Postal
Service Certificate of Mailing to:
— The
registered owner
— The
legal owner
— Any
known interested parties
•A Notice of Pending Lien Sale for Vehicle Valued $4,000
or Less
(REG 668) by certified mail to the department.
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3
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At least 10 days prior to and
including the day of the sale, the lienholder must post a Notice of Pending
Lien Sale for Vehicle Valued at $4,000 or Less (REG 668) in a conspicuous
place on the premises of the business office of the lienholder. If the sale is
scheduled to occur at a place other than the premises or the business office
of the lienholder, a notice must also be posted at the site of the
forthcoming sale. When posting the REG 668 fold the document so the
registered owner, legal owner and interested party addresses are not visible.
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The lienholder must have the vehicle
available for inspection at a location easily accessible to the public for at
least one hour before the sale. The vehicle must also be at the place of sale
at the time and date specified on the Notice of Pending Lien Sale for
Vehicles Valued at $4,000 or Less
(REG 668).
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The lienholder must conduct the sale
in a businesslike fashion. Sealed bids are not allowed.
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6
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There is no redemption period. The
buyer may take immediate possession of the vehicle.
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After the sale the lienholder must:
•Remove and destroy the license plates.
•Submit a completed Notice of Transfer and Release of
Liability (REG 138) to the department within five days of the sale.
•Complete a Certification of Lien Sale for Vehicles
Valued $4,000 or Less (REG 168A). If no one places a qualifying bid on the
vehicle, the lienholder must complete the REG 168A as both the seller and the
buyer.
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Give to the buyer:
•REG 168A
•Printout of DMV record
•Certified mailing receipts (attached to the 168A)
•If the lien sale was opposed, a DMV authorization to
continue with the lien sale.
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Within 15 days of the sale the
lienholder must submit any excess fees with a copy of the Certification of
Lien Sale for Vehicles Valued $4,000 or Less (REG 168A) to:
DMV
Lien Sales Unit MS E143
PO Box 932317
Sacramento, CA 94232-3170
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22.610Clearance Requirements for Lien Sales for
Vehicles Valued at $4,000 or Less
•An
Application for Title or Registration (REG 343) completed and signed by the
buyer.
•Certification
of Lien Sale for Vehicle Valued $4000 or Less (REG 168A) completed by the
lienholder or agent.
•Certified
mailing receipts (attached to the 168A)
•Printout of
DMV Record
•If the lien
sale was opposed, a DMV authorization to continue with the lien sale.
•A vehicle
verification if there is no record of the vehicle on the DMV database.
•Other
documents, as needed, such as bill(s) of sale and the odometer mileage
disclosure on the Vehicle/Vessel Transfer and Reassignment Form (REG 262).
•Smog
certification, as appropriate.
•Fees
Dismantlers—within 90 days of
acquisition, the dismantler must submit to the department:
•Report of
Vehicle to be Dismantled (REG 42)
•Certification
of Lien Sale for Vehicle Valued $4000 or Less (REG 168A) completed by the
lienholder or agent.
•Certified
mailing receipts (attached to the 168A)
•Printout of
DMV record
•If the lien
sale was opposed, a DMV authorization to continue with the lien sale.
•Other
documents, as needed, such as bill(s) of sale.