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How Do I Sell a Vehicle Left for Repair in California if a Co-Owner Claims the Vehicle?

How Do I Sell a Vehicle Left for Repair in California if a Co-Owner Claims the Vehicle?

Q: What are the steps to take if I want to lien sale an abandoned vehicle?

To lien sale an abandoned vehicle in California, you must first provide notice to the vehicle owner and any lienholders. After waiting the required time, if there is no response, you can file for a lien sale with the Department of Motor Vehicles (DMV). Ensure all procedures are followed correctly to avoid legal complications.

Q: Can a new owner be held responsible for storage fees of an abandoned vehicle?

Yes, under California law, a new owner can be responsible for storage fees associated with an abandoned vehicle. If the vehicle changes ownership, the new owner may still need to pay any outstanding fees before the vehicle is released, as per Cal. Veh. Code § 3068.

Q: How long can a vehicle be left at a body shop before it's considered abandoned?

In California, if a vehicle is left at a body shop without contact from the owner for more than 15 days after the completion of work or after the shop has notified the owner, it may be considered abandoned. It’s important to document all attempts to contact the owner.

Q: What happens if the original owner of the vehicle cannot be located?

If the original owner cannot be located, you may proceed with a lien sale after following the proper legal notice procedures. This typically involves notifying the owner through mail and waiting for a specified period. If there is no response, you can then file for a lien sale to recover costs.

Full question:

We own a body shop, contracted custom work to be done on the property. Received a deposit of $1,000.00. 18 months after the owner contacted us from Mexico saying he had to leave the country for legal troubles. We told him we need payment and for him to get the car off the property or we would have to lien sale it. We waited 2 years...he never contacted us again...we attempted lein sale and another owner popped up wanting the car and did not want to pay for the work or storage...Can the car be considered abandoned (legally) and is the additional owner liable for any of it?

Category: Real Property
Subcategory: Liens
Date: 04/07/2025
State: California

Answer:

We own a body shop, contracted custom work to be done on the property. Received a deposit of $1,000.00. 18 months after the owner contacted us from Mexico saying he had to leave the country for legal troubles. We told him we need payment and for him to get the car off the property or we would have to lien sale it. We waited 2 years...he never contacted us again...we attempted lein sale and another owner popped up wanting the car and did not want to pay for the work or storage...Can the car be considered abandoned (legally) and is the additional owner liable for any of it?

California has complicated laws regarding a lien sale on a vehicle that must be complied with before a sale can take place. Because of the time period that elapsed, your lien was likely extinguished. However, the other owner may be required to pay storage costs before you release the vehicle according to the following statute:

http://www.dmv.ca.gov/pubs/vctop/appndxa/civil/civ3068.htm

For further information, please see:

http://www.dmv.ca.gov/pubs/brochures/howto/htvr8.htm
http://www.dmv.ca.gov/pubs/brochures/howto/htvr7.htm

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What constitutes an abandoned vehicle in California?

In California, a vehicle may be considered abandoned if it has been left on public or private property without permission for a certain period, typically 72 hours for public property. However, specific circumstances, like ongoing contracts or payments, can affect this status. It's essential to follow legal procedures for abandonment to ensure compliance with state laws.