When may I begin a Lien Sale?
If your lien is for towing and/or storage only (i.e. towing companies and official police impounding agencies) you may start your lien at any point after the vehicle is in your possession. However: You may only charge a lien fee after 72 hours.
If work and/or services are a part of your lien you must start your lien after a bill has been presented to the owner or 15 days after work is completed, whichever comes first. A California Bureau of Automotive Repair License is required to to charge repair or service fees.
How do I determine the value of the vehicle?
We cannot determine a value for you. Value is based upon the current condition of the vehicle as it is, in your possession and or with any repairs that have been made by a licensed repair facility. Accrued storage charges do not add to the value of the vehicle.
How much storage should I charge?
Storage rates are not regulated by the state of California. If you are a business who makes it a practice to regularly store vehicles, your daily storage rate should be clearly posted within your customer's view. A lien sale will typically provide you with no more than 60 days of storage at your posted rate. Should the vehicle's value be determined to be more than $4,000.00 (or if your lien sale has been previously opposed and you have received a letter of continuation from the California Department of Motor Vehicles) you may be eligible for up to 120 days of storage at your posted rate.
Can my lien sale be stopped?
YES. Any person known to have an interest in the vehicle may stop your lien by filing a Declaration of Opposition with the California Department of Motor Vehicles within the allotted time frame. (typically, within 10 days of mailing the “Notice of Pending Lien Sale form”.) A Declaration of Opposition is included with the Notice of Pending Lien Sale we mail to all Registered Owners, Legal Owners and Interested Parties.
What if someone stops (or opposes) my lien sale?
If you are notified by the California Department of Motor Vehicles or by a representative of Mo’s Auto Lien Sale Service that a valid Declaration of Opposition has been received, you have the following options:
Obtain a release of interest from the opposer.
Determine that the opposer is not servable at the address indicated on the Declaration of Opposition (You will need documentation from process server or a Marshall to proceed.)
File a judgement against the opposer and receive a court judgment in your favor.
Regardless of which of the three options you pursue, a DMV authorization will be required before you can proceed with a new lien sale.
What if my customer pays a portion of their bill?
Accepting any amount of money from your customer will invalidate your lien
Once you accept any money from your customer, the lien sale is VOID.
What do I do on the day of sale?
The vehicle must be available for inspection at least one hour prior to sale. A lien sale is a public sale and anyone with an interest, including the public or those claiming an interest in the vehicle, are welcome to attend and bid on the vehicle. Bidding generally starts at what is owed and sealed bids are not allowed.
What happens after the lien sale?
Sign and date all lien dale documents and deliver them to the purchaser at the time of sale. The purchaser is granted FIVE days to submit a completed and signed set of lien sale documents to any authorized California Department of Motor Vehicles field office. If you sell the vehicle for more than you are owed, you must remit any excess monies to the Department of Motor Vehicles, Lien Sale Section, 2415 1st Ave., Sacramento, CA 95818 for deposit into the Motor Vehicle Account, State Transportation Fund. Remit with a complete copy of the Certificate of Lien Sale.
What if there is back registration or tickets on the vehicle?
Tickets for parking violations and vehicular infractions are not the buyer's responsibility. If the vehicle comes into your possession with expired registration, the buyer will be required to pay the fees and the penalties to properly register the vehicle.
DO NOT LOSE YOUR LIEN SALE PAPERWORK, A $25 FEE WILL OCCUR FOR EACH REPRINT.