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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19654
Experience:  B.A.; M.B.A.; J.D.
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My vehicle was towed 30-day hold on a suspended license. I

Customer Question

Hello my name is***** vehicle was towed for a 30-day hold for driving on a suspended license. I live in California. I returned a signed declaration of opposition and sent back to the DMV in a timely fashion when I was notified by the DMV of the liensale. At that point the DMV sent to the lien holder a denial letter not authorizing the lien sale. The letter made it very clear the only way the lien holder can receive authorization from the DMV to continue liensale is by:
#1 file a court action within 30 days get a judgement and send judgement to DMV.
#2 have the owner sign authorization to sell vehicle.
#3 show proof that the owner was not able to be served.
#2 & #3 do not apply being an as I have not and will not sign authorization to sell vehicle and I have already been served to go to small claims court.
The lien holder did not file a court action in the time required by DMV that time being 30 days he on the other hand filed 38 days later. The time frame I am referring to is made very clear on the letter 30 days from the date of that the denial letter from DMV. I was hoping you could tell me if that would have any bearing on my case if that would be cause to make the lien invalid or if there is anything beneficial from the situation.
Submitted: 1 year ago.
Category: Legal
Expert:  Phillips Esq. replied 1 year ago.

The lien is still valid. However, the sale can never happen under the circumstances. The storage facility would still hold your vehicle until you pay for the towing charges.

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