When can you begin a lien sale?
From the last billing, Vehicles--you have 30 days to file for a lien, Vessels--you have 60 days to file a lien. However, you must start the process within 15 days of the last billing for storage to continue past the first 15 days, storage can begin again after you start the lien process.
From the time of last billing, you must start the process within 15 days for storage fees to continue past the first 15 days, if you are late, storage can begin again after you start the lien process. To be on track, we would like to see the order on or before the 10th day. What we will you need from you?
Vehicles over $4000 and boat over $1500, usually 90 to 120 days.
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 for storage facility will typically provide you with no more than 120 days of storage at your posted rate, starting from the date of the last billing. If you are owed for storage from previous months: After the vehicle/vessel is sold or disposed of, you may be able to file a deficiency suit against the owner(s) for prior months storage and any deficiency from the disposal of the vehicle/vessel.
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 to them.
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 time frame allowed by law (Typically within 10 days of mailing the Notice of Pending Lien Sale.) A Declaration of Opposition is (and must) be included with the Notice of Pending Lien Sale we mail to all Registered Owners, Legal Owners and Interested Parties.
If you are notified by the California Department of Motor Vehicles or by a representative of I-Lien Lien Service that a valid Declaration of Opposition has been received, you have the following options:
Regardless of which of the three options you pursue, a DMV authorization to continue will be required before you can proceed with the lien sale. Therefore, we advise you to forward any and all documentation you receive regarding an opposed lien sale to our office. We will need to file your documents with the California Department of Motor Vehicles so that we may receive the appropriate continuation documents on your behalf.
Accepting any amount of money from your customer will invalidate your lien! Once you accept any money from your customer, the lien sale is canceled.
No lien shall attach to any personal property in the vehicle. The personal property in or on the vehicle shall be given to the current registered owner upon demand (personal property does not include wheels, radios, speakers or anything attached to the vehicle). The lienholder shall not be responsible for personal property after the lien sale date.
What do you 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 the general 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 - sealed bids are not allowed.
Sign and date all lien sale 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 received 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 completed copy of the Certificate of Lien Sale.
NO, the lien sale documents do not expire, however, DMV fees will continue to accrue. If the vehicle registration expired while in your possession and you are a dealer, lessor retailer, garage, or operator of a towing service and you sell the vehicle, the buyer has 20 days from the lien sale date to pay fees without penalty, or pay a transfer fee and a planned non-operation fee. Otherwise, a planned non-op must be filed prior to the vehicle expiration date or penalty fees are due. If the vehicle came into your possession with an expired registration, the buyer must pay all back registration fees and penalties. If the vehicle is sold to a licensed junk, scrap, or wrecking facility, all fees and penalties are waived. Simply, prior 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. If the vehicle registration expired while in your possession, the buyer can usually pay the fees without paying a penalty if registered within the allotted time.
We will supply all documents and DMV fees necessary to apply for the Authorization to Conduct a Lien Sale. We will notify all registered and legal owner(s) and known parties of interest of the pending lien sale. We will run the required newspaper advertisement (cost of the ad is additional), and we will notify you of the sale date and provide all final lien sale documentation for transfer of title, or salvage, approximately 12 days prior to the sale day.