49-1815. DISPOSITION OF LOW-VALUED VEHICLES — PROCEDURE. The procedure for the disposition of low-valued vehicles is as follows:

(1) The person or agency which removes the vehicle shall, within fifteen (15) working days following the date of possession of the vehicle, make a request to the department for the names and addresses of all persons having an interest in the vehicle. No storage charge shall accrue beyond the fifteen (15) day period unless the possessory lienholder has made a request to the department as provided in this section.

(2) The person or agency which removes the vehicle shall immediately upon receipt of this information send, by certified mail with return receipt requested, the following prescribed forms and enclosures to the registered owner and legal owner at their addresses of record with the department, and to any other person known to have an interest in the vehicle:

(a) A completed form entitled "Notice of Intent to Dispose of a Vehicle Valued at $750 or Less";

(b) A blank form entitled "Declaration of Opposition."

(3) All notices to persons having an interest in the vehicle shall be signed under penalty of perjury and shall include all of the following:

(a) A description of the vehicle, including make, year, model, identification number, license number, and state of registration;

(b) 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;

(c) The following statements and information:

1. The amount of the lien;

2. The facts concerning the claim which give rise to the lien;

3. The person has a right to a hearing in court;

4. If a hearing in court is desired, a declaration of opposition form shall be signed under penalty of perjury and returned to the agency which requested the tow within ten (10) days of the date the notice of intent to dispose of a vehicle valued at $750 or less form was mailed; and

5. The declarant may be liable for court costs if a judgment is entered in favor of the possessory lienholder.

(d) A statement that the possessory lienholder may dispose of the vehicle to a certified automobile parts dealer if it is not redeemed or if a declaration of opposition form is not signed and mailed to the agency which requested the tow within ten (10) days of the date the notice of intent to dispose of a vehicle valued at $750 or less form was mailed.

(4) If the agency which requested the tow receives a completed declaration of opposition form within the time prescribed, the vehicle shall not be disposed of for an additional fifteen (15) day period during which time the individual filing the declaration of opposition must file an action with the appropriate court and cause the possessory lienholder to be served with the summons and complaint. The filing and service of the action will stay disposal of the vehicle pending decision by the court unless the declarant subsequently releases his interest in the vehicle.

History:

[49-1815, added 1988, ch. 265, sec. 433, p. 800; am. 1989, ch. 113, sec. 3, p. 258; am. 1998, ch. 392, sec. 28, p. 1232; am. 2010, ch. 171, sec. 15, p. 354.]