Tow Company Liens

When can I start a Lien?

A lien becomes effective at the time of possession or when the vehicle is towed. You cannot file a lien nor charge lien fees until the vehicle has been in your possession for 72 hours. You can file your lien and charge lien fees anytime after that.

When does Lien want to file my lien?

From the time of possession, you should start the lien process within 15 days. This is because you can only charge a maximum of 15 days of storage occurring before the day the lien is started.To make sure you do not loose on days of storage, we would recommend you submit the lien to us by the 10th day, at the latest.

Under $500 (disposal lien) about 15 days. Vehicles under $4000 approximately 35 days. Vehicles over $4000 and Vessel, usually 90 to 120 days. Out of state vehicles will add about 30 days on top of these timelines.

1. We will need some basic information about you, your company.
2. Proof of tow license to verify you are authorized to tow vehicles. 
3. Value of the vehicle/vessel/motorcycle/RV/offroad vehicle
4. We will need the name and address of the driver of the vehicle, your tow tag/receipt for a private towaway, or a 180 that was issued by a police officer.
5. Date of tow or possession.
6. Name and address of the agency or property owner/agent authorizing the removal (Over 4000 liens only).
7. Your posted storage rate.
8. The year, make, model, license number, and vehicle ID (vin number). we would also need the engine number if a motorcycle, snow mobile, scooter, or quad. For vessels, the -OF- number or the hull number, CF number, builder, type, length, and exact monetary value as it sits today. If the vessel has a trailer, it will need to be submitted at the same time as the boat so that they can be submitted together.
9. You must have possession of the Vehicle/Vessel for the entire length of the lien sale. Loss of possession immediately stops your lien. Moving the vehicle from the physical location also stops your lien.

No persons at I-Lien Lien Service can determine the value of a vehicle for you. We can advise you on how the value of your vehicle relates to the type of lien you should file. After submitting your order, we can help determine that with you.

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 15 days of storage at your posted rate. However, if the vehicle has out of state plates, if the vehicle ID (VIN) has been altered or removed, if a person of interest arrives after the lien sale has been started, or if the lien sale has been opposed and we have received a Letter of Continuation from the California Department of Motor Vehicles, or if the vehicle's value be determined to be more than $4000 you may be eligible for up to 120 days of storage at your posted rate.

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, then you must determine the value as is.

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.

Can someone stop a lien sale?

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 (This must be signed 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. 

What if someone stops (opposes) your lien sale?

If you are notified by the California Department of Motor Vehicles and by a representative of I-Lien Lien Service that a valid Declaration of Opposition has been received, you have the following options:

• Obtain a release of interest from the opposer.
• File a court action against the opposer within 30 days, and receive a judgment in your favor.
• Determine that the opposer cannot be served at the address indicated on the Declaration of Opposition (You will need documentation from a process server or Marshall to proceed).

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. Once we receive the authorization letter to continue, a representative from I-Lien will contact you about re-starting the lien sale in the form of a 10 day sale (this includes paying full price for a new lien). 

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.

What happens after the lien sale?

Sign and date all lien sale documents and give them to the byer, except for the release of liability (which is your responsibility to submit to DMV). 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. Make sure you make copies before and after you sign these documents!

Do I have to register the vehicle after the sale?

NO, the lien sale documents do not expire, however, DMV fees will continue to accrue (example: registration fees). Any DMV fees owed will fall on the next registered owner to pay. 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 before the fees started accruing, the buyer can usually pay the fees without paying a penalty if registered within the allotted time. 

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) up until the sale date. The lienholder shall not be responsible for personal property after the lien sale date and can dispose of it as they see fit.

If you sell the vehicle for more than you are owed on the sale date, you must submit theses additional funds 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. This is to be submitted with a completed copy of the Certificate of Lien Sale. If the lien sale date passes without an owner or interested party coming forward to pay for and pick up the vehicle, then the vehicle can be sold for any amount that can be agreed upon by the byer and seller.