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1 (559) 673-9062
E-mail Us at
lienonus05@yahoo.com

Frequently Asked Questions

 

1. When can I begin a lien sale?

2. How much storage can I charge?

3. Can I claim the repairs I have made to the vehicle?

4. Can I conduct a lien sale on a vehicle that is registered in another state?

5. Can I conduct a lien sale on a vehicle that is in another state?

6. Can someone oppose my lien?

7. What if someone opposes my lien?

8. What happens if the registration is expired?

9. I lost the title to a vehicle I purchased and can’t find the seller.  Can I do a lien?

10. What if I accept money towards my customer’s bill?

11. What if there is a legal owner of the vehicle?

12. Who determines the value of the vehicle?

13. What if I sell the vehicle for more than what is owed?

Have more Questions ...call us.

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1. When can I begin a lien sale?
If you are claiming repairs, (repair garages, dealerships, etc.) you may start the lien after a bill has been presented to the owner or 15 days after the work is completed, whichever occurs first.  If your lien is for towing and/or storage you may start the lien at any point after the vehicle is in your possession but should be done before 15 days. 

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2. How much storage can I charge?
For vehicles valued under $4000, a storage lien may be for a period not exceeding 60 days if a completed notice of pending lien sale form has been filed within 15 days after the lien arises.
For vehicles valued over $4,000, the maximum storage is 120 days if the lien application is filed with DMV within 15 days.  If your lien has been previously opposed and you receive a letter of continuance from the DMV, you may collect up to 120 days storage. 

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3. Can I claim the repairs I have made to the vehicle?
Yes.  Only if you are a repair shop with a valid Bureau of Automotive Repair (BAR) number.  The lien shall be deemed to arise at the time a written statement of charges for completed work or services is presented to the registered owner or 15 days after the work or services are completed, whichever occurs first.  The lienholder must apply for an authorization to conduct a lien sale within 30 days after the lien has arisen. 

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4. Can I conduct a lien sale on a vehicle that is registered in another state?
Yes.  As long as the vehicle is in your possession in California. 

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5. Can I conduct a lien sale on a vehicle that is in another state?
No.  You must follow the lien sale procedures of that state. 

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6. Can someone oppose my lien?
Yes.  Anyone who has any interest in the vehicle may stop the lien sale as long as it is within the specified time period of 10 days from the date the notice was mailed.  The DMV has 16 days to notify you of the declaration of opposition.   

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7. What if someone opposes my lien?
Any person who has an interest in the vehicle can stop the lien by filing a Declaration of Opposition with the DMV within 10 days of the mailing date of the Notice of Pending Lien.  DMV will notify you, the lienholder, and Lien on Us of the opposition.  When this happens, you cannot conduct the lien sale unless: 

  • You file a court action within 30 days from the date of the notice and receive a court judgment in your favor; or
  • You obtain a signed Release of Interest from the person who opposed the lien.  This will be included on the notice the DMV sends to you; or
  • You could not serve the declarant pursuant to Civil Code 3072(e).  If that is the case, submit an application for Authorization to Continue Lien Sale After Unsuccessful Service (Reg 659) and the unopened certified letter or court documents proving unsuccessful personal service.

When DMV receives one of the listed items, they will send authorization to continue the lien sale and notify the person who opposed the lien. 

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8. What happens if the registration is expired?

If the vehicle registration expired while in your possession, the buyer has 20 days from the lien sale purchase date to pay registration fees without penalty or pay a transfer fee.  If the vehicle came into your possession with an expired registration, the buyer must pay the registration fees and penalties.  Filing a lien does not waive any fees or penalties. 

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9. I lost the title to a vehicle I purchased and can’t find the seller.  Can I do a lien?

No.  You cannot do a lien on a vehicle that you have a monetary interest in.  You must request a duplicate title from the DMV. 

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10. What if I accept money towards my customer’s bill?
Accepting any money from the customer will automatically void your lien. 

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11. What if there is a legal owner of the vehicle?

The legal owner must be notified within 15 days for storage charges to continue.  If they are not notified before the 15 days, the legal owner can only be charged for the first 15 days and then commencing again three days after written notice has been sent. 

If there are repairs involved and they are over $750, you must obtain written permission from the legal owner to continue with the repairs.  Otherwise, if they wish to claim the vehicle, they will not be responsible for anything over $750 for repairs or $400 for storage if the vehicle value is less than $4000 or $500 if the vehicle value is more than $4000.

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12.  Who determines the value of the vehicle?

The public agency causing the removal of the vehicle shall determine the estimated value of the vehicle.  If the public agency fails to or refuses to provide an estimated value within three days after the date of removal, the garage keeper shall determine the estimated value.  If there is no public agency, then you must determine the value as is.  If there are repairs they must be included in the value. 

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13. What if I sell the vehicle for more than what is owed?

The excess monies must be mailed with a copy of Certification of Lien Sale (Reg 168A) to the DMV. 

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