Question 1

Can I do a lien sale to cover repair costs on a vehicle if I don't have a Bureau of Automotive Repair (BAR) number?

Accepted Answer

No. All auto repair shops in California must be registered with the Department of Consumer Affairs’ Bureau of Automotive Repair.

Question 2

I am the lienholder and I received notification the lien was opposed. What do I do now?

Accepted Answer

When the lien sale is opposed, DMV sends a denial letter to the lienholder. The lien sale cannot be conducted unless one of the following occurs:
1. The declarant signs the Release of Interest section on the bottom of the denial letter and the lienholder submits the original signed document to DMV.
2. The lienholder files an action in court within 30 days of the date DMV’s notice was mailed and a judgment is awarded to the lienholder that is not paid within five days of becoming final. Submit to DMV a copy of the court judgment with a copy of the plaintiff’s claim and a Statement of Facts (REG 256) form stating, “A court judgment has been received in the lienholder’s favor. It has been at least 35 days and no money has been received.”
3. The lienholder could not serve the declarant pursuant to CCC §§3071(e) or 3072(e), and the lienholder submits the following documents to DMV: an Application for Authorization to Continue Lien Sale After Unsuccessful Service (REG 659) form with the unopened certified letter that contains the court documents or the documents proving unsuccessful personal service.
When one of the items listed above is received by the Lien Sale Unit at DMV headquarters, DMV will send authorization to continue with the sale to the lienholder and notify the person who opposed the sale of the authorization.

Question 3

Can I conduct a lien sale on a vehicle located out-of-state?

Accepted Answer

No. If the vehicle in your possession has California license plates and you are out-of-state, you must follow the lien sale laws of that state. You can acquire the names and addresses of the legal and registered owners of the vehicle by using the Request for Record Information (INF 70) (https://www.dmv.ca.gov/portal/file/request-for-record-information-inf-70-pdf/)form.
Out-of-state lien sale requesters must cite their state statute by code name and section number AND attach a copy of the statute to their request. For further information, contact the DMV Information Release Unit at (916) 657-8098.

Note: Out-of-state requesters cannot use Registration Information Request for Lien Sale (INF 1126) form, which is for California based requesters only.

Question 4

There is a stop on the record, can I conduct a lien sale?

Accepted Answer

Please contact the Lien Sale Unit at (916) 657-7617.

Question 5

When can a lien be filed?

Accepted Answer

A lien becomes effective when the registered owner receives a written statement of charges for completed work or services. However, if the vehicle was impounded by a public agency or private property owner, the lien takes effect once the vehicle is towed. (Reference: DMV Civil Code 3068)

Question 6

How long does it take to complete a lien sale?

Accepted Answer

• Vehicles valued under $4,000: Approximately 35 days
 • Vehicles valued over $4,000 or vessels: Typically 90 to 120 days
 • Out-of-state vehicles may take longer due to record requests from other states.

Question 7

How do I determine the right type of lien to file?

Accepted Answer

We are unable to appraise the value of your vehicle, but we can help guide you on how its estimated worth may determine the appropriate lien type. Once you submit your order, we’ll assist you in assessing your next steps.

Question 8

Who determines the vehicle's value?

Accepted Answer

For lien sale purposes, the estimated value is determined by a public agency. If they do not provide an estimate within three days of the vehicle’s removal, the responsibility falls to the garage keeper or their authorized agent.

Question 9

What happens on the day of the lien sale?

Accepted Answer

• The vehicle must be available for public inspection at least one hour before the sale begins.
 • Anyone, including members of the public or individuals with a vested interest, is welcome to attend and bid on the vehicle.
 • Bidding starts at the amount owed, and sealed bids are not permitted.

Question 10

What happens after the lien sale?

Accepted Answer

After the sale is completed:
1. The vehicle’s license plates must be removed and destroyed.
2. Within five days, a completed Notice of Release of Liability form must be submitted to the DMV.
3. The lienholder must ensure the sale was conducted in a commercially reasonable manner, and all required documents should be provided to the buyer immediately.

Question 11

What if there is a legal owner on record?

Accepted Answer

• The legal owner must be notified within 15 days for storage fees to continue accumulating.
 • If they are not notified in time, they are only responsible for the first 15 days and then any charges incurred three days after receiving written notice.
 • The legal owner is informed of the lien sale, along with the registered owner and any other interested parties.
 • If the legal owner chooses to reclaim the vehicle, they are typically responsible for up to $1,250 plus lien fees.

Question 12

Is it necessary to post a lien sale notice?

Accepted Answer

Yes. A Notice of Pending Lien Sale must be displayed in a visible location at the lienholder’s business premises at least 10 consecutive days prior to and including the sale date. If the sale is taking place at a different location, the notice must also be posted at the sale site.
The notice must include:
 • The sale date and time
 • A detailed vehicle description (make, model, year, VIN, license number, state of registration)
 • For motorcycles, the engine number
The notice must remain posted until the sale concludes.

Question 13

What happens to personal belongings inside the vehicle?

Accepted Answer

• Personal property inside the vehicle is not part of the lien.
 • The registered owner may claim personal belongings upon request (excluding items attached to the vehicle, such as radios, wheels, and speakers).
 • The lienholder is not responsible for personal property left in the vehicle after the lien sale date.

Question 14

What if the vehicle sells for more than what is owed?

Accepted Answer

• If the sale price exceeds the owed amount, the excess funds must be submitted to the California DMV Lien Sale Section, along with a completed Certificate of Lien Sale.
 • If the sale date passes without an owner or interested party reclaiming the vehicle, it may be sold at an agreed-upon price between the buyer and seller.

Question 15

Can a lien sale be stopped?

Accepted Answer

Yes. Anyone with a known interest in the vehicle can stop the lien process by filing a Declaration of Opposition with the California DMV within the legally allowed timeframe.
 • This document must be signed within 10 days of receiving the Notice of Pending Lien Sale.
 • A Declaration of Opposition is included in all notifications sent to registered owners, legal owners, and interested parties.

Question 16

What happens if the owner comes to reclaim their vehicle before the sale?

Accepted Answer

If the owner arrives before the lien sale date and pays the total amount owed—including the Lien Sale Filing Fee—they can reclaim their vehicle. At that point, the lien sale process is canceled, and you will have been compensated for storage, towing, and/or repair costs.

Question 17

When can I initiate a lien sale?

Accepted Answer

• Towing companies & self-storage facilities: A lien sale may begin as soon as the vehicle is in your possession.
 • Mechanics, repair shops, and body shops: The lien sale can start either after presenting the bill to the customer or 15 days after the completion of work, whichever comes first.
 • Important Note: The lien fee can only be charged after 72 hours have passed from when the lien was initiated.

Question 18

How much can I charge for storage?

Accepted Answer

The State of California does not regulate storage fees, but businesses that regularly store vehicles (such as storage facilities and towing companies) must clearly post their daily storage rates in a visible area.

Additionally:
 • Some cities may impose storage fee limits, so check with local regulations.
 • For Short or Very Short Liens, you can claim storage for up to 60 days from the date of possession or work completion at your posted daily rate.
 • For Long Liens, storage can be collected for up to 120 days from the possession or work completion date.

Special Case:
 • If a Short Lien receives an opposition and you later obtain an authorization letter from the DMV to proceed, you may also claim up to 120 days of storage fees under California Vehicle Code (CVC) 22851(a).
 • Towing companies (OPG) are exempt from these restrictions.

Question 19

What is a Declaration of Opposition?

Accepted Answer

A Declaration of Opposition is a legal form that allows the vehicle owner to contest a lien sale by filing with the DMV. If an opposition is filed, the sale cannot proceed on the scheduled date. (Reference: CVC 3072)

Question 20

What can I do if someone opposes my lien?

Accepted Answer

If you receive a Denial Letter or Declaration of Opposition, you have three options:
1. Contact the opposing party and request that they complete a Release of Interest (located at the bottom of the Denial Letter). This must be mailed to the DMV (faxed or photocopied copies will not be accepted).
2. File a lawsuit in Small Claims Court against the opposing party. If you win, wait 30 days, then submit the original judgment documents to the DMV to obtain authorization to proceed with the lien sale.
3. Prove that the opposing party is unserviceable (e.g., they cannot be reached at the provided address). Submit documented proof of failed service attempts to the DMV. (Reference: CVC 3072)

Question 21

Can I accept payment from the vehicle owner after starting the lien sale?

Accepted Answer

Yes, but be aware that once you accept any payment from the customer, the lien sale is no longer valid. If they are willing to pay, ensure they cover the full amount owed before proceeding.

Question 22

Do I have to wait until the sale date to sell the vehicle if I have a buyer now?

Accepted Answer

Yes. The purpose of a lien sale is to recover the money you are owed, but the process must be legally followed.
 • The vehicle cannot be sold before the scheduled sale date.
 • You must wait at least 31 days from the start of the lien process.
 • On the scheduled date, you must hold a public auction where all interested bidders have a fair chance to participate.

Question 23

Who is responsible for unpaid registration fees or parking violations?

Accepted Answer

• Parking violations or past tickets: These remain the responsibility of the previous owner. The buyer is not liable for any outstanding fines.
 • Unpaid vehicle registration fees:
 • If the registration was already expired before the vehicle was towed, the buyer will be responsible for paying any outstanding DMV fees.
 • If the registration expired while in storage, penalties may be waived, but this is ultimately decided by the DMV clerk processing the registration.

Question 24

What happens if I make a mistake on the lien sale paperwork?

Accepted Answer

Mistakes happen, which is why we recommend double-checking all forms before submission.
 • Some errors can be corrected without refiling.
 • However, in most cases, the lien sale must be resubmitted, and a new sale date will be assigned.

ameriliens

(562) 330-1222 contact@ameriliens.com

Frequently Asked Questions

ameriliens

562.330.1222

contact@ameriliens.com

3605 Long Beach Blvd. Unit 330E
Long Beach, CA 90807

Privacy Policy

Vehicle Code - California

Copyright © 2025 Ameriliens - All Rights Reserved.

ameriliens

(562) 330-1222 contact@ameriliens.com

Frequently Asked Questions

ameriliens

562.330.1222

contact@ameriliens.com

3605 Long Beach Blvd. Unit 330E Long Beach, CA 90807

Privacy Policy

Vehicle Code - California

Copyright © 2025 Ameriliens - All Rights Reserved.

3605 Long Beach Blvd. Unit 330E
Long Beach, CA 90807