Section 22851.8 Of Article 2. Vehicle Disposition From California Vehicle Code >> Division 11. >> Chapter 10. >> Article 2.
22851.8
. (a) The lienholder shall, within 15 working days following
the date of possession of the vehicle, make a request to the
Department of Motor Vehicles for the names and addresses of all
persons having an interest in the vehicle. A storage charge may not
accrue beyond the 15-day period unless the lienholder has made a
request to the Department of Motor Vehicles as provided for in this
section.
(b) By certified mail with return receipt requested or by United
States Postal Service Certificate of Mailing, the lienholder shall
immediately, upon receipt of this information, send the following
prescribed forms and enclosures to the registered owner and legal
owner at their addresses of record with the Department of Motor
Vehicles, and to any other person known to have an interest in the
vehicle:
(1) A completed form entitled "Notice of Intent to Dispose of a
Vehicle Valued at $500 or Less."
(2) A blank form entitled "Declaration of Opposition."
(3) A return envelope preaddressed to the lienholder.
(c) All notices to persons having an interest in the vehicle shall
be signed under penalty of perjury and shall include all of the
following:
(1) A description of the vehicle, including make, year, model,
identification number, license number, and state of registration. For
motorcycles, the engine number shall also be included.
(2) The names and addresses of the registered and legal owners of
the vehicle and any other person known to have an interest in the
vehicle.
(3) The following statements and information:
(A) The amount of the lien.
(B) The facts concerning the claim that gives rise to the lien.
(C) The person has a right to a hearing in court.
(D) If a hearing in court is desired, a Declaration of Opposition
form shall be signed under penalty of perjury and returned to the
lienholder within 10 days of the date the notice form specified in
paragraph (1) of subdivision (b) was mailed.
(E) If the Declaration of Opposition form is signed and mailed,
the lienholder shall be allowed to dispose of the vehicle only if the
lienholder obtains a court judgment or a subsequent release from the
declarant or if the declarant cannot be served as described in
subdivision (e).
(F) If a court action is filed, the declarant shall be notified of
the lawsuit at the address shown on the Declaration of Opposition
form, and the declarant may appear to contest the claim.
(G) The declarant may be liable for court costs if a judgment is
entered in favor of the lienholder.
(4) A statement that the lienholder may dispose of the vehicle to
a licensed dismantler or scrap iron processor if it is not redeemed
or if a Declaration of Opposition form is not signed and mailed to
the lienholder within 10 days of the date the notice form specified
in paragraph (1) of subdivision (b) was mailed.
(d) If the lienholder receives a completed Declaration of
Opposition form within the time prescribed, the vehicle shall not be
disposed of unless the lienholder files an action in court within 20
days of the date the notice form specified in paragraph (1) of
subdivision (b) was mailed and a judgment is subsequently entered in
favor of the lienholder or unless the declarant subsequently releases
his or her interest in the vehicle. If a money judgment is entered
in favor of the lienholder and the judgment is not paid within five
days after becoming final, then the lienholder may dispose of the
vehicle through a dismantler or scrap iron processor.
(e) (1) Service on the declarant in person or by certified mail,
return receipt requested, signed by the addressee at the address
shown on the Declaration of Opposition form, shall be effective for
the serving of process.
(2) If the lienholder has served the declarant by certified mail,
return receipt requested, at the address shown on the Declaration of
Opposition form and the mail has been returned unclaimed, or if the
lienholder has attempted to effect service on the declarant in person
with a marshal, sheriff, or licensed process server and the marshal,
sheriff, or licensed process server has been unable to effect
service on the declarant, the lienholder may proceed with the
judicial proceeding or proceed with the lien sale without a judicial
proceeding. The lienholder shall notify the Department of Motor
Vehicles of the inability to effect service on the declarant and
shall provide the Department of Motor Vehicles with a copy of the
documents with which service on the declarant was attempted. Upon
receipt of the notification of unsuccessful service, the Department
of Motor Vehicles shall send authorization of the sale to the
lienholder and send notification of the authorization to the
declarant. If service is effected on the declarant, the proof of
service shall be submitted to the Department of Motor Vehicles with
the documents specified in Section 22851.10.