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| | Alabama
TITLE STATE: 1975 and subsequent years.
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Alabama Motor Vehicle Division, P.O. Box
327640, Montgomery, Alabama 36132-7640. Tel: (334) 242-9000.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: MVT-15-1 (Repossession Affidavit) and original released title
PLATES: Remain with the debtor.
Alaska
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Alaska Division of Motor Vehicles, 2150 E. Dowling Road, Anchorage, Alaska 99507. Tel: (907) 269-5551.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Repossession affidavit, certified copy of contract, bill of sale.
PLATES: Remain with the vehicle.
Arizona
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title, title mailed to debtor, lien-holder record mailed to lien-holder.
LICENSE REGISTRATION: The Arizona Department of Transportation, Motor Vehicle Division, 1801 W. Jefferson, Phoenix, Arizona 85007. Tel: (602) 255-7011. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Arizona Lien-holder record or out-of-state title, AZ MVD "Affidavit of Repossession/Bill of Sale" form and vehicle inspection if vehicle not previously registered in Arizona.
PLATES: As of 01/01/02 - plates now belong to the registered owner of the vehicle. They remain with the debtor.
Arkansas
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by first lien holder.
LICENSE REGISTRATION: Arkansas Office of Motor Vehicles, Post Office Box 1272-MV, Little Rock, Arkansas 72203. Tel: (501) 682-4692. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Certified copy of contract, title, repossession affidavit and application for title by the secured party.
PLATES: Remain with the debtor.
California
TITLE STATE: Yes.
SECURITY INTERESTS: Shown on Certificate of Ownership (Pink Slip) or Title held by the lien holder.
LICENSE REGISTRATION: California Department of Motor Vehicles, Post Office Box 942869, Sacramento, California 94269-0000. Tel: (916) 657-7669.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Title, lien satisfied, affidavit of repossession, bill of sale, current registration card and smog certificate.
PLATES: Remain with the vehicle.
Colorado
TITLE STATE: Yes.
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Colorado Motor Vehicle Division, 1881 Pierce St., Lakewood, CO 80215. Tel: (303) 205-5608.
RECOVERY REQUIREMENT: Repossession allowed without committing a breach of the peace after 20 Day Right to Cure Letter from lien holder to debtor (except skips, leases, lack of insurance or third party possession).
DOCUMENTS REQUIRED FOR LIQUIDATION: Repossession title is issued to lien-holder only. Title and DR412 (Repossession Affidavit) and Application for New Title. Lien-holder may sell vehicle without first applying for new title.
PLATES: Remain with the debtor.
Connecticut
TITLE STATE: Yes.
SECURITY INTERESTS: Shown on title held by first lien holder.
LICENSE REGISTRATION: Connecticut Department Motor Vehicle, 60 State Street, Wethersfield, Connecticut 06109. Tel: (860) 566-4710. Toll Free 1-800-842-8222.
RECOVERY REQUIREMENT: Must be peaceful. Ten day notice before taking is permitted but not required. If not given, fifteen day period for redemption must be given. Repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Affidavit of Repossession, Certificate of Title, Q-1 form to transfer.
PLATES: Remain with debtor.
Delaware
TITLE STATE: Yes.
SECURITY INTERESTS: Shown on title, held by first lien holder.
LICENSE REGISTRATION: Delaware Division of Motor Vehicles, Administration Office. Post Office Box 698, Dover, Delaware 19903. Tel: (302) 739-2500.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Title. Repossession Affidavit (MV-195), copy of contract.
PLATES: Remain with the vehicle.
District of Columbia
TITLE STATE: Yes.
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: District Of Columbia Motor Vehicle Services, 301 C Street N.W., Washington, D.C. 20001. Tel: (202) 727-6680.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Certified copy of contract, title, inspection if out of state.
PLATES: Remain with the debtor.
Florida
TITLE STATE: Yes.
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Florida Division of Motor Vehicles, Neil Kirkman Building, Tallahassee, Florida 32399. Tel: (904) 488-3881.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: All Florida titles must be converted to lien holder's name. Some out of state repossession affidavits are accepted. Call ARA member for details.
PLATES: Remain with the debtor.
Georgia
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Georgia Motor Vehicle Division, 270 Washington Street, Atlanta, Georgia 30334. Tel: (404) 362-6500.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Title, copy of contract, bill of sale, affidavit of repossession (T-16).
PLATES: Remain with the vehicle.
Hawaii
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Contact member for information.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: "Repossessed By" Lien holder, with signature on line one of Hawaiian Title, "Successor Interest" on line seven (Lien holder with signature), Registration in Lien holders name, inspection required.
PLATES: Remain with the vehicle.
Idaho
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Idaho Department of Motor Vehicles, P.O. Box 34, Boise, Idaho 83707. Tel: (208) 334-8663.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Title, (no signature on back) and Repossession Affidavit.
PLATES: Remain with the vehicle.
Illinois
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Illinois Department of Vehicle Services, Centennial Bldg., Room 408, Springfield, Illinois 62756. Tel: (217) 782-6212.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: After Repossession, the lien holder shall mail the Affidavit of Defense to the registered owner's last known address giving the owner 21 days from the date of the certified mail to redeem this unit. The vehicle may not be sold or transferred during this period.
PLATES: Remain with the debtor.
Indiana
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Indiana Bureau of Motor Vehicles, 100 N. Senate Ave., #401, Indianapolis, Indiana 46204. Tel: (317) 233-6000.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Certified copy of Contract (Form 1 Certificate of Repossession from California, Tennessee, Texas). All other states must have a Repo title in the client's name.
PLATES: Remain with the debtor.
Iowa
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Iowa Office of Vehicle Registration, P.O. Box 9278, Des Moines, Iowa 50306. Tel: (515) 237-3077.
RECOVERY REQUIREMENT: After Twenty Day Right To Cure Letter from lien holder to debtor, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Title, Affidavit of Repossession. Do not release lien on title.
PLATES: Remain with the debtor.
Kansas
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Kansas Division of Vehicle, Docking State Building, Topeka, Kansas 66626-0001. Tel: (785) 296-3621.
RECOVERY REQUIREMENT: After 20 day "Right to Cure" letter from lien holder to debtor, repossession allowed without committing a breach of peace. (Applicable only once during term of security agreement.) Not applicable to any "substantial impairment" such as lack of insurance, etc.
DOCUMENTS REQUIRED FOR LIQUIDATION: No out of state repossession affidavits are accepted. Repossession affidavit may accompany Kansas title and an application for title together with a certified copy of the Security Agreement to the vehicle.
PLATES: Remain with the debtor.
Kentucky
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title, Title mailed to & held by debtor. Lien holder holds title lien statement.
LICENSE REGISTRATION: Kentucky Division of Motor Licensing, State Office Building, Room 203, Frankfort, Kentucky 40622. Tel: (502) 564-5301.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Title, Repossession Affidavit.
PLATES: Remain with the vehicle.
Louisiana
TITLE STATE: Yes
SECURITY INTERESTS: Recorded on Title held by Lien holder.
LICENSE REGISTRATION: State of Louisiana, Dept. of Public Safety, Office of Motor Vehicles, 109 S. Foster Dr., Baton Rouge, Louisiana 70806. Tel: (225) 925-6146; Website WWW.DPS.STATE.LA. US/OMV/HOME.HTML).
RECOVERY REQUIREMENT: Effective January 1, 2005, Louisiana's Act 191 ( "Additional Default Remedies Act" ) and Act 814 ( "Notice of Repossession" ) permit a "secured party" or "a lessor" to take possession of collateral without judicial process provided: 1. ) the Security Agreement, or lease, contains the following specific wording: "Louisiana law permits repossession of motor vehicles without judicial process", 2. ) prior to taking possession, a notice of intent is sent to all debtors, in writing, containing the specific wording: "Louisiana law permits repossession of motor vehicles without further notice or judicial process", 3. ) a "payment" default exceeding 30 days ( monthly installment contracts ) or 60 days ( weekly or bi-weekly contracts ) exists, 4. ) no "breach of the peace" occurs in the act of retaking, 5. ) the individual who physically repossesses collateral must be licensed by the State of Louisiana-Office of Financial Institutions, 6. ) in the event a tow truck is used, the owner, or operator, shall possess a common carrier certificate issued by the Louisiana Public Service Commission, and 7. ) within three days of taking possession, the secured party files a "Notice of Repossession" with the recorder of mortgages in the Parish where the collateral was located and with the appropriate official Constable of the Justice of The Peace Court, Constable or Marshal of the City Court or the Parish Sheriff as determined by the debtor's last known address. Fees of $75.00 to the "Recorder of Mortgages" and $250.00 to the appropriate "official" must be paid at the time of filing. Both a "Notice of Sale" and a "Notice of Disposal" are follow-up requirements and prerequisites to perfecting a deficiency ( R. S. 10 : 9-613, et seq. ). Act 670 allows a motor vehicle dealer to use self-help if a prospective purchaser fails to return a credit rejected vehicle 25 days after delivery and after 48 hrs. notice.
DOCUMENTS REQUIRED FOR LIQUIDATION: Vehicle may be sold on any State's Lien Released and Lien holder Assigned Title provided it is "federally conforming" and is accompanied by a "notarized" Affidavit of Possession and a photocopy of the Debtor's signed Release. If Title is non-federally conforming, substitute a "federally conforming", "notarized" Bill of Sale in lieu of assigning said Title. All documents must be completed accurately and devoid of any type of white out or line out corrections.
PLATES: The licensing State's Motor Vehicle Laws govern whether plates remain with the vehicle or with the registered owner. Louisiana plates remain with the registered owner. The only exception is with Leased Vehicles that always remain with the vehicle.
Maine
REPOSSESSION LICENSES: Repossession Companies must be licensed as debt collectors with Maine Bureau of Consumer Protection.
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Maine Motor Vehicle Division, State House, Station 29, Title Section, Augusta, Maine 04333 Tel: (207) 287-9002. RECOVERY REQUIREMENT: After fourteen day Right to Cure Letter from lien holder to debtor, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Title, Repossession (MVT-15).
PLATES: Remain with the debtor.
Maryland
TITLE STATE: Yes
SECURITY INTERESTS: Title held by debtor. Notice of security interest filing held by lien holder.
LICENSE REGISTRATION: Maryland Motor Vehicle Administration, 6601 Ritchie Hwy. N.E., Glen Burnie, Maryland 21062. Tel: (410) 768-7000.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Title, Notice of Security Interest Filing VR-104 (Certificate of Repossession) VR-5 (Application for Title).
PLATES: Remain with the debtor.
Massachusetts
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Massachusetts Registry of Motor Vehicles, 100 Nashua Street, Boston, Massachusetts 02114. Tel: (617) 351-4500.
RECOVERY REQUIREMENT: After Twenty-one Day Right to Cure Letter from lien holder to debtor, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Power of Attorney, lien release and title.
PLATES: Remain with the debtor.
Michigan
TITLE STATE: 1975 and subsequent years.
SECURITY INTERESTS: Shown on title held by debtor.
LICENSE REGISTRATION: Michigan Bureau of Driver and Vehicle Records, 7064 Crowner Drive, Lansing, Michigan 48918. Tel: (517) 322-1460.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. Repossesses must hold valid collection agency license & Regulation, Collection Practice Board, P.O. Box 30018, Lansing, Michigan 48909, Tel: (517) 241-9239.
DOCUMENTS REQUIRED FOR LIQUIDATION: Title must be in lien holder's name. Forward application for title accompanied by a certified copy of the security agreement and an affidavit of repossession.
PLATES: Remain with debtor.
Minnesota
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Driver and Vehicle Services Division, Record & Information Management, 445 Minnesota St., Suite 190, St. Paul, Minnesota 55101-5190. Tel: (651) 297-1714, TTY (651) 297-2100.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Affidavit of Repossession, with title signed off as seller. Do not release lien.
PLATES: Remain with the vehicle.
Mississippi
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Mississippi Vehicle Tax Division, Post Office Box 1383, Jackson, Mississippi 39215. Tel: (601) 932-7200.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Title, Repossession Affidavit.
PLATES: Remain with the debtor.
Missouri
TITLE STATE: 1975 and subsequent years.
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Missouri Motor Vehicle, 301 W. High St., Jefferson City, Missouri 65105. Tel: (573) 751-4509.
RECOVERY REQUIREMENT: After Twenty Day Right To Cure Letter from lien holder to debtor, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Affidavit of Repossession, Application for Missouri Title.
PLATES: Remain with the debtor.
Montana
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by debtor.
LICENSE REGISTRATION: Montana Motor Vehicle Division, Title and Registration Bureau, 1832 Buckskin Dr., Deer Lodge, Montana 59722-2371. Tel: (406) 846-6000.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Affidavit of Repossession, Bill of Sale or Title in Lien holders name.
PLATES: Remain with the debtor.
Nebraska
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Nebraska Motor Vehicle, P.O. Box 94789, Lincoln, Nebraska 68509. Tel: (402) 471-2281.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Title must be in name of lien holder to execute sale of collateral.
PLATES: Remain with the debtor.
Nevada
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Nevada Department of Motor Vehicles, Registration Division, 555 Wright Way, Carson City, Nevada 89711. Tel: (702) 687-5370.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Title, Affidavit of Repossession, Bill of Sale.
PLATES: Remain with the debtor.
New Hampshire
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: New Hampshire Division of Motor Vehicles, 10 Hazen Drive, Concord, New Hampshire 03305. Tel: (603) 271-2751.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Title, Affidavit of Repossession.
PLATES: Remain with the debtor.
New Jersey
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: New Jersey Motor Vehicle Services, 225 East St., 2nd Floor, Trenton, New Jersey 08666. Tel: (609) 292-4172.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Application (CO-56), Writ of Execution stamped "True Copy" signed by the Clerk of Court, copy of posted notice of sale and original title.
PLATES: Remain with the debtor.
New Mexico
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: New Mexico Motor Vehicle Division, P.O. Box 1028, Santa Fe, New Mexico 87504. Tel: (505) 827-2220.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Title Release of Lien, Affidavit of Repossession, Bill of Sale.
PLATES: Remain with the debtor.
New York
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by debtor.
LICENSE REGISTRATION: New York Motor Department of Motor Vehicles, P.O. Box 2750, Albany, New York 12220. Tel: (518) 486-4714.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: If New York Title, must have a signed off MV-901 (notice of recorded lien) and a MV950 (combination bill of sale, odometer statement, affidavit of repossession). If out of state title, title must show lien holder as owner and a notarized bill of sale.
PLATES: Remain with the debtor.
North Carolina
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: North Carolina Division of Motor Vehicles, Vehicles Registration, 1100 New Bern Avenue, Raleigh, North Carolina, 27696. Tel: (919) 733-3025.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Title and Repossession Affidavit, Out of State Repossession titles and affidavits are accepted.
PLATES: Remain with the debtor.
North Dakota
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: North Dakota Motor Vehicle Department, 608 East Boulevard Avenue, Bismarck, North Dakota 58505. Tel: (701) 328-2725.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Title, Repossession Affidavit.
PLATES: Remain with the vehicle.
Ohio
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Ohio Bureau of Motor Vehicles, Post Office Box 16520, Columbus, Ohio 43266-0020. Tel: (614) 752-7634.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Must have title in the name of the lien holder.
PLATES: Remain with the debtor.
Oklahoma
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by debtor.
LICENSE REGISTRATION: Oklahoma Motor Vehicle Division, 2501 Lincoln Blvd., Oklahoma City, Oklahoma 73194. Tel: (405) 521-3221.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Out of state titles must be in the name of lien holder. In Oklahoma copy of a security agreement (certified), lien released or repossession title in the name of lien holder.
PLATES: Remain with the vehicle.
Oregon
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Oregon Motor Vehicle Division, 1905 Lana Ave. N.E., Salem, Oregon 97314. Tel: (503) 945-5310.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Out of State Titles or Repossession certificates are required. Oregon titles require a repossession certificate. To transfer title to a repossessed vehicle, the documents needed are: (1) The Original Title endorsed by the lien holder; (2) Notarized Affidavit of Repossession; (3) A copy of the final demand letter with its certified mail receipt attached.
PLATES: Remain with the vehicle. (Custom plates remain with the debtor.)
Pennsylvania
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Pennsylvania Motor Vehicle, Box 68591, 1101 S. Front St., Harrisburg, Pennsylvania 17104-2516. Tel: (717) 391-6190.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: 1) Seizure Notice, Notarized 2) Notarized copy of contract front and back sides 3) Title odometer statement. The lender acts as the "SELLER" and includes his title next to his signature in both cases. 4) Copy of redemption letter to debtor, notarized 5) Copy of certified mail receipt used to send out the redemption letter, notarized 6) Motor Vehicle Form MV216A (request from your repossessor) 7) Bill of Sale, Notarized 8) Letter authorizing repossessor to sell for high bid and the dollar amount.
PLATES: Remain with debtor.
Rhode Island
TITLE STATE: 1973 and Newer.
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Rhode Island Division of Motor Vehicles, Two Capitol Hill, Rhode Island 02903. Tel: (401) 277-2064.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Bill of Sale, Affidavit of Repossession, Title, Inspection required.
PLATES: Remain with debtor.
South Carolina
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: South Carolina Division of Motor Vehicles, P.O. Box 1498, Columbia, South Carolina 29216. Tel: (803) 251-2950.
RECOVERY REQUIREMENT: After Twenty Day Right to Cure Letter from lien holder to debtor, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Notarized bill of sale, title and repossession affidavit.
PLATES: Remain with debtor.
South Dakota
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by debtor.
LICENSE REGISTRATION: South Dakota Motor Vehicles, 118 W. Capital Avenue, Pierre, South Dakota 57501-2080. Tel: (605) 773-3541.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Repossession title in name of lien holder. To obtain, need repossession affidavit and copy of contract.
PLATES: Remain with the vehicle.
Tennessee
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Tennessee Motor Vehicle Division, 500 Deaderick Street, Nashville, Tennessee 37242. Tel: (615) 741-3101.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Title with lien released, odometer statement, bill of sale, affidavit of sale/repossession.
PLATES: Remain with debtor.
Texas
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Texas State Department of Transportation, Division of Motor Vehicles, 4000 Jackson Ave., Austin, Texas 78738. Tel: (512) 465-7611.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Repossession affidavit (D12-264) if Texas title; out of state repossession affidavits accepted.
PLATES: Remain with the vehicle.
Utah
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Utah Motor Vehicle Division, 210 North 1950 West, Salt Lake City, Utah 84134. Tel: (801) 297-7780.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Title, Repossession Affidavit, and Odometer Statement.
PLATES: Remain with debtor.
Vermont
TITLE STATE: Yes.
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Vermont Department of Motor Vehicles, 120 State Street, Montpelier, Vermont 05603. Tel: (802) 828-2000.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Title, Repossession Affidavit, Bill of Sale and Title with Lien released.
PLATES: Remain with debtor.
Virginia
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Virginia Department of Motor Vehicles, P.O. Box 27412, Richmond, Virginia 23269-0001. Tel: (804) 367-0063.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: If Virginia title, must be in the name of the lien holder. Will accept repossession affidavit from other states.
PLATES: Remain with debtor.
Washington
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: Washington Department of Licensing Highways, P.O. Box 9042, Olympia, Washington 98507. Tel: (360) 902-3770.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Title and Repossession Affidavit.
PLATES: Remain with the vehicle.
West Virginia
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by lien holder.
LICENSE REGISTRATION: West Virginia Department of Motor Vehicles, 1900 Kanawha Boulevard East, Charleston, West Virginia 25317. Tel: (304) 558-3900.
RECOVERY REQUIREMENT: After Ten Day Right to Cure Letter from lien holder to debtor, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Title, Repossession Affidavit, Bill of Sale, and Odometer Statement.
PLATES: Remain with debtor.
Wisconsin
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by debtor.
LICENSE REGISTRATION: Wisconsin Division of Motor Vehicles, 4802 Sheboygan Avenue, Madison, Wisconsin 53705. Tel: (608) 266-1466.
RECOVERY REQUIREMENT: A repletion judgment must be obtained granting the right to recovery, unless the debtor signs a voluntary surrender of collateral.
DOCUMENTS REQUIRED FOR LIQUIDATION: Title, Repossession Affidavit, and Copy of Contract.
PLATES: Remain with debtor.
Wyoming
TITLE STATE: Yes
SECURITY INTERESTS: Shown on title held by debtor.
LICENSE REGISTRATION: Wyoming Motor Vehicle Division, 309 W. 20th St., Cheyenne, Wyoming 82001. Tel: (307) 633-4232.
RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
DOCUMENTS REQUIRED FOR LIQUIDATION: Title, Repossession Affidavit and Copy of Contract.
PLATES: Remain with debtor.
Bahamas
Bond Coverage is Applicable For Services Rendered Within The United States Of America Only.
Canada
Bond Coverage is Applicable For Services Rendered Within The United States Of America Only.
Costa Rica
Bond Coverage is Applicable For Services Rendered Within The United States Of America Only.
England
Bond Coverage is Applicable For Services Rendered Within The United States Of America Only.
France
Bond Coverage is Applicable For Services Rendered Within The United States Of America Only.
Germany
Bond Coverage is Applicable For Services Rendered Within The United States Of America Only.
Guam
Bond Coverage is Applicable For Services Rendered Within The United States Of America Only.
Mexico
Bond Coverage is Applicable For Services Rendered Within The United States Of America Only.
Netherlands
Bond Coverage is Applicable For Services Rendered Within The United States Of America Only.
Puerto Rico
Bond Coverage is Applicable For Services Rendered Within The United States Of America Only.
Thailand
Bond Coverage is Applicable For Services Rendered Within The United States Of America Only.
US Virgin Islands
Bond Coverage is Applicable For Services Rendered Within The United States Of America Only. |
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Read the Law
Florida Statutes  713.78 Liens for recovering, towing, or storing vehicles and vessels.
(1) For the purposes of this section, the term:
(a) "Vehicle" means any mobile item, whether motorized or not, which is mounted on wheels.
(b) "Vessel" means every description of watercraft, barge, and air boat used or capable of being used as a means of transportation on water, other than a seaplane or a "documented vessel" as defined in S. 327.02(8).
(c) "Wrecker" means any truck or other vehicle which is used to tow, carry, or otherwise transport motor vehicles or vessels upon the streets and highways of this state and which is equipped for that purpose with a boom, winch, car carrier, or other similar equipment.
(2) Whenever a person regularly engaged in the business of transporting vehicles or vessels by wrecker, tow truck, or car carrier recovers, removes, or stores a vehicle, vessel, or mobile home upon instructions from:
(a) The owner thereof; or
(b) The owner or lessor, or a person authorized by the owner or lessor, of property on which such vehicle is wrongfully parked, and such removal is done in compliance with S. 715.07; or
(c) Any law enforcement agency; or
(d) A mobile home park owner as defined in S. 723.003 who has a current writ of possession for a mobile home lot pursuant to S. 723.061,
she or he shall have a lien on such vehicle or vessel for a reasonable towing fee and for a reasonable storage fee; except that no storage fee shall be charged if such vehicle is stored for less than 6 hours.
(3) This section does not authorize any person to claim a lien on a vehicle for fees or charges connected with the immobilization of such vehicle using a vehicle boot or other similar device pursuant to S. 715.07.
(4)(a) Any person regularly engaged in the business of recovering, towing, or storing vehicles or vessels who comes into possession of a vehicle or vessel pursuant to subsection (2), and who claims a lien for recovery, towing, or storage services, shall give notice to the registered owner, the insurance company insuring the vehicle notwithstanding the provisions of S. 627.736, and to all persons claiming a lien thereon, as disclosed by the records in the Department of Highway Safety and Motor Vehicles or of a corresponding agency in any other state.
(b) Whenever any law enforcement agency authorizes the removal of a vehicle or whenever any towing service, garage, repair shop, or automotive service, storage, or parking place notifies the law enforcement agency of possession of a vehicle pursuant to S. 715.07(2)(a)2., the applicable law enforcement agency shall contact the Department of Highway Safety and Motor Vehicles, or the appropriate agency of the state of registration, if known, within 24 hours through the medium of electronic communications, giving the full description of the vehicle. Upon receipt of the full description of the vehicle, the department shall search its files to determine the owner's name, the insurance company insuring the vehicle, and whether any person has filed a lien upon the vehicle as provided in S. 319.27(2) and (3) and notify the applicable law enforcement agency within 72 hours. The person in charge of the towing service, garage, repair shop, or automotive service, storage, or parking place shall obtain such information from the applicable law enforcement agency within 5 days from the date of storage and shall give notice pursuant to paragraph (a). The department may release the insurance company information to the requestor notwithstanding the provisions of S. 627.736.
(c) Notice by certified mail, return receipt requested, shall be sent within 7 business days after the date of storage of the vehicle or vessel to the registered owner, the insurance company insuring the vehicle notwithstanding the provisions of S. 627.736, and all persons of record claiming a lien against the vehicle or vessel. It shall state the fact of possession of the vehicle or vessel, that a lien as provided in subsection (2) is claimed, that charges have accrued and the amount thereof, that the lien is subject to enforcement pursuant to law, and that the owner or lien-holder, if any, has the right to a hearing as set forth in subsection (5), and that any vehicle or vessel which remains unclaimed, or for which the charges for recovery, towing, or storage services remain unpaid, may be sold free of all prior liens after 35 days if the vehicle or vessel is more than 3 years of age or after 50 days if the vehicle or vessel is 3 years of age or less.
(d) If attempts to locate the owner or lien-holder prove unsuccessful, the towing-storage operator shall, after 7 working days, excluding Saturday and Sunday, of the initial tow or storage, notify the public agency of jurisdiction in writing by certified mail or acknowledged hand delivery that the towing-storage company has been unable to locate the owner or lien-holder and a physical search of the vehicle or vessel has disclosed no ownership information and a good faith effort has been made. For purposes of this paragraph and subsection (9), "good faith effort" means that the following checks have been performed by the company to establish prior state of registration and for title:
1. Check of vehicle or vessel for any type of tag, tag record, temporary tag, or regular tag.
2. Check of law enforcement report for tag number or other information identifying the vehicle or vessel, if the vehicle or vessel was towed at the request of a law enforcement officer.
3. Check of trip sheet or tow ticket of tow truck operator to see if a tag was on vehicle at beginning of tow, if private tow.
4. If there is no address of the owner on the impound report, check of law enforcement report to see if an out-of-state address is indicated from driver license information.
5. Check of vehicle or vessel for inspection sticker or other stickers and decals that may indicate a state of possible registration.
6. Check of the interior of the vehicle or vessel for any papers that may be in the glove box, trunk, or other areas for a state of registration.
7. Check of vehicle for vehicle identification number.
8. Check of vessel for vessel registration number.
9. Check of vessel hull for a hull identification number which should be carved, burned, stamped, embossed, or otherwise permanently affixed to the outboard side of the transom or, if there is no transom, to the outmost seaboard side at the end of the hull that bears the rudder or other steering mechanism.
(5)(a) The owner of a vehicle or vessel removed pursuant to the provisions of subsection (2), or any person claiming a lien, other than the towing-storage operator, within 10 days after the time she or he has knowledge of the location of the vehicle or vessel, may file a complaint in the county court of the county in which the vehicle or vessel is stored or in which the owner resides to determine if her or his property was wrongfully taken or withheld from her or him.
(b) Upon filing of a complaint, an owner or lien-holder may have her or his vehicle or vessel released upon posting with the court a cash or surety bond or other adequate security equal to the amount of the charges for towing or storage and lot rental amount to ensure the payment of such charges in the event she or he does not prevail. Upon the posting of the bond and the payment of the applicable fee set forth in S. 28.24, the clerk of the court shall issue a certificate notifying the lienor of the posting of the bond and directing the lienor to release the vehicle or vessel. At the time of such release, after reasonable inspection, she or he shall give a receipt to the towing-storage company reciting any claims she or he has for loss or damage to the vehicle or vessel or the contents thereof.
(c) Upon determining the respective rights of the parties, the court may award damages and costs in favor of the prevailing party. In any event, the final order shall provide for immediate payment in full of recovery, towing, and storage fees by the vehicle or vessel owner or lien-holder; or the agency ordering the tow; or the owner, lessee, or agent thereof of the property from which the vehicle or vessel was removed.
(6) Any vehicle or vessel which is stored pursuant to subsection (2) and which remains unclaimed, or for which reasonable charges for recovery, towing, or storing remain unpaid or for which a lot rental amount is due and owing to the mobile home park owner, as evidenced by a judgment for unpaid rent, and any contents not released pursuant to subsection (10), may be sold by the owner or operator of the storage space for such towing or storage charge or unpaid lot rental amount after 35 days from the time the vehicle or vessel is stored therein if the vehicle or vessel is more than 3 years of age 1or after 50 days 2following the time the vehicle or vessel is stored therein if the vehicle or vessel is 3 years of age or less. The sale shall be at public auction for cash. If the date of the sale was not included in the notice required in subsection (4), notice of the sale shall be given to the person in whose name the vehicle, vessel, or mobile home is registered, to the mobile home park owner, and to all persons claiming a lien on the vehicle or vessel as shown on the records of the Department of Highway Safety and Motor Vehicles or of the corresponding agency in any other state. Notice shall be sent by certified mail, return receipt requested, to the owner of the vehicle or vessel and the person having the recorded lien on the vehicle or vessel at the address shown on the records of the registering agency and shall be mailed not less than 15 days before the date of the sale. After diligent search and inquiry, if the name and address of the registered owner or the owner of the recorded lien cannot be ascertained, the requirements of notice by mail may be dispensed with. In addition to the notice by mail, public notice of the time and place of sale shall be made by publishing a notice thereof one time, at least 10 days prior to the date of the sale, in a newspaper of general circulation in the county in which the sale is to be held. The proceeds of the sale, after payment of reasonable towing and storage charges, costs of the sale, and the unpaid lot rental amount, in that order of priority, shall be deposited with the clerk of the circuit court for the county if the owner is absent, and the clerk shall hold such proceeds subject to the claim of the person legally entitled thereto. The clerk shall be entitled to receive 5 percent of such proceeds for the care and disbursement thereof. The certificate of title issued under this law shall be discharged of all liens unless otherwise provided by court order.
(7)(a) A wrecker operator recovering, towing, or storing vehicles or vessels is not liable for damages connected with such services, theft of such vehicles or vessels, or theft of personal property contained in such vehicles or vessels, provided that such services have been performed with reasonable care and provided, further, that, in the case of removal of a vehicle or vessel upon the request of a person purporting, and reasonably appearing, to be the owner or lessee, or a person authorized by the owner or lessee, of the property from which such vehicle or vessel is removed, such removal has been done in compliance with S. 715.07. Further, a wrecker operator is not liable for damage connected with such services when complying with the lawful directions of a law enforcement officer to remove a vehicle stopped, standing, or parked upon a street or highway in such a position as to obstruct the normal movement of traffic or in such a condition as to create a hazard to other traffic upon the street or highway.
(b) For the purposes of this subsection, a wrecker operator is presumed to use reasonable care to prevent the theft of a vehicle or vessel or of any personal property contained in such vehicle stored in the wrecker operator's storage facility if all of the following apply:
1. The wrecker operator surrounds the storage facility with a chain-link or solid-wall type fence at least 6 feet in height;
2. The wrecker operator has illuminated the storage facility with lighting of sufficient intensity to reveal persons and vehicles at a distance of at least 150 feet during nighttime; and
3. The wrecker operator uses one or more of the following security methods to discourage theft of vehicles or vessels or of any personal property contained in such vehicles or vessels stored in the wrecker operator's storage facility:
a. A night dispatcher or watchman remains on duty at the storage facility from sunset to sunrise;
b. A security dog remains at the storage facility from sunset to sunrise;
c. Security cameras or other similar surveillance devices monitor the storage facility; or
d. A security guard service examines the storage facility at least once each hour from sunset to sunrise.
(c) Any law enforcement agency requesting that a motor vehicle be removed from an accident scene, street, or highway must conduct an inventory and prepare a written record of all personal property found in the vehicle before the vehicle is removed by a wrecker operator. However, if the owner or driver of the motor vehicle is present and accompanies the vehicle, no inventory by law enforcement is required. A wrecker operator is not liable for the loss of personal property alleged to be contained in such a vehicle when such personal property was not identified on the inventory record prepared by the law enforcement agency requesting the removal of the vehicle.
(8) A person regularly engaged in the business of recovering, towing, or storing vehicles or vessels, except a person licensed under chapter 493 while engaged in "repossession" activities as defined in S. 493.6101, may not operate a wrecker, tow truck, or car carrier unless the name, address, and telephone number of the company performing the service is clearly printed in contrasting colors on the driver and passenger sides of its vehicle. The name must be in at least 3-inch permanently affixed letters, and the address and telephone number must be in at least 1-inch permanently affixed letters.
(9) Failure to make good faith best efforts to comply with the notice requirements of this section shall preclude the imposition of any storage charges against such vehicle or vessel.
(10) Persons who provide services pursuant to this section shall permit vehicle or vessel owners or their agents, which agency is evidenced by a writing acknowledged by the owner before a notary public or other person empowered by law to administer oaths, to inspect the towed vehicle or vessel and shall release to the owner or agent all personal property not affixed to the vehicle or vessel which was in the vehicle or vessel at the time the vehicle or vessel came into the custody of the person providing such services.
(11)(a) Any person regularly engaged in the business of recovering, towing, or storing vehicles or vessels who comes into possession of a vehicle or vessel pursuant to subsection (2) and who has complied with the provisions of subsections (3) and (6), when such vehicle or vessel is to be sold for purposes of being dismantled, destroyed, or changed in such manner that it is not the motor vehicle, vessel, or mobile home described in the certificate of title, shall apply to the county tax collector for a certificate of destruction. A certificate of destruction, which authorizes the dismantling or destruction of the vehicle or vessel described therein, shall be reassignable a maximum of two times before dismantling or destruction of the vehicle shall be required, and shall accompany the vehicle or vessel for which it is issued, when such vehicle or vessel is sold for such purposes, in lieu of a certificate of title. The application for a certificate of destruction must include an affidavit from the applicant that it has complied with all applicable requirements of this section and, if the vehicle or vessel is not registered in this state, by a statement from a law enforcement officer that the vehicle or vessel is not reported stolen, and shall be accompanied by such documentation as may be required by the department.
(b) The Department of Highway Safety and Motor Vehicles shall charge a fee of $3 for each certificate of destruction. A service charge of $4.25 shall be collected and retained by the tax collector who processes the application.
(c) The Department of Highway Safety and Motor Vehicles may adopt such rules as it deems necessary or proper for the administration of this subsection.
(12)(a) Any person who violates any provision of subsection (1), subsection (2), subsection (4), subsection (5), subsection (6), or subsection (7) is guilty of a misdemeanor of the first degree, punishable as provided in S. 775.082 or S. 775.083.
(b) Any person who violates the provisions of subsections (8) through (11) is guilty of a felony of the third degree, punishable as provided in S. 775.082, S. 775.083, or S. 775.084.
(c) Any person who uses a false or fictitious name, gives a false or fictitious address, or makes any false statement in any application or affidavit required under the provisions of this section is guilty of a felony of the third degree, punishable as provided in S. 775.082, S. 775.083, or S. 775.084.
(d) Employees of the Department of Highway Safety and Motor Vehicles and law enforcement officers are authorized to inspect the records of any person regularly engaged in the business of recovering, towing, or storing vehicles or vessels or transporting vehicles or vessels by wrecker, tow truck, or car carrier, to ensure compliance with the requirements of this section. Any person who fails to maintain records, or fails to produce records when required in a reasonable manner and at a reasonable time, commits a misdemeanor of the first degree, punishable as provided in S. 775.082 or S. 775.083.
(13)(a) Upon receipt by the Department of Highway Safety and Motor Vehicles of written notice from a wrecker operator who claims a wrecker operator's lien under paragraph (2)(c) or paragraph (2)(d) for recovery, towing, or storage of an abandoned vehicle, vessel, or mobile home upon instructions from any law enforcement agency, for which a certificate of destruction has been issued under subsection (11), the department shall place the name of the registered owner of that vehicle, vessel, or mobile home on the list of those persons who may not be issued a license plate or revalidation sticker for any motor vehicle under S. 320.03(8). If the vehicle, vessel, or mobile home is owned jointly by more than one person, the name of each registered owner shall be placed on the list. The notice of wrecker operator's lien shall be submitted on forms provided by the department, which must include:
1. The name, address, and telephone number of the wrecker operator.
2. The name of the registered owner of the vehicle, vessel, or mobile home and the address to which the wrecker operator provided notice of the lien to the registered owner under subsection (4).
3. A general description of the vehicle, vessel, or mobile home, including its color, make, model, body style, and year.
4. The vehicle identification number (VIN); registration license plate number, state, and year; validation decal number, state, and year; mobile home sticker number, state, and year; vessel registration number; hull identification number; or other identification number, as applicable.
5. The name of the person or the corresponding law enforcement agency that requested that the vehicle, vessel, or mobile home be recovered, towed, or stored.
6. The amount of the wrecker operator's lien, not to exceed the amount allowed by paragraph (b).
(b) For purposes of this subsection only, the amount of the wrecker operator's lien for which the department will prevent issuance of a license plate or revalidation sticker may not exceed the amount of the charges for recovery, towing, and storage of the vehicle, vessel, or mobile home for 7 days. These charges may not exceed the maximum rates imposed by the ordinances of the respective county or municipality under SS. 125.0103(1)(c) and 166.043(1)(c). This paragraph does not limit the amount of a wrecker operator's lien claimed under subsection (2) or prevent a wrecker operator from seeking civil remedies for enforcement of the entire amount of the lien, but limits only that portion of the lien for which the department will prevent issuance of a license plate or revalidation sticker.
(c)1. The registered owner of a vehicle, vessel, or mobile home may dispute a wrecker operator's lien, by notifying the department of the dispute in writing on forms provided by the department, if at least one of the following applies:
a. The registered owner presents a notarized bill of sale proving that the vehicle, vessel, or mobile home was sold in a private or casual sale before the vehicle, vessel, or mobile home was recovered, towed, or stored.
b. The registered owner presents proof that the Florida certificate of title of the vehicle, vessel, or mobile home was sold to a licensed dealer as defined in S. 319.001 before the vehicle, vessel, or mobile home was recovered, towed, or stored.
If the registered owner's dispute of a wrecker operator's lien complies with one of these criteria, the department shall immediately remove the registered owner's name from the list of those persons who may not be issued a license plate or revalidation sticker for any motor vehicle under S. 320.03(8), thereby allowing issuance of a license plate or revalidation sticker. If the vehicle, vessel, or mobile home is owned jointly by more than one person, each registered owner must dispute the wrecker operator's lien in order to be removed from the list. However, the department shall deny any dispute and maintain the registered owner's name on the list of those persons who may not be issued a license plate or revalidation sticker for any motor vehicle under S. 320.03(8) if the wrecker operator has provided the department with a certified copy of the judgment of a court which orders the registered owner to pay the wrecker operator's lien claimed under this section. In such a case, the amount of the wrecker operator's lien allowed by paragraph (b) may be increased to include no more than $500 of the reasonable costs and attorney's fees incurred in obtaining the judgment. The department's action under this subparagraph is ministerial in nature, shall not be considered final agency action, and can be appealed only to the county court for the county in which the vehicle, vessel, or mobile home was ordered removed.
2. A person against whom a wrecker operator's lien has been imposed may alternatively obtain a discharge of the lien by filing a complaint, challenging the validity of the lien or the amount thereof, in the county court of the county in which the vehicle, vessel, or mobile home was ordered removed. Upon filing of the complaint, the person may have her or his name removed from the list of those persons who may not be issued a license plate or revalidation sticker for any motor vehicle under S. 320.03(8), thereby allowing issuance of a license plate or revalidation sticker, upon posting with the court a cash or surety bond or other adequate security equal to the amount of the wrecker operator's lien to ensure the payment of such lien in the event she or he does not prevail. Upon the posting of the bond and the payment of the applicable fee set forth in S. 28.24, the clerk of the court shall issue a certificate notifying the department of the posting of the bond and directing the department to release the wrecker operator's lien. Upon determining the respective rights of the parties, the court may award damages and costs in favor of the prevailing party.
3. If a person against whom a wrecker operator's lien has been imposed does not object to the lien, but cannot discharge the lien by payment because the wrecker operator has moved or gone out of business, the person may have her or his name removed from the list of those persons who may not be issued a license plate or revalidation sticker for any motor vehicle under S. 320.03(8), thereby allowing issuance of a license plate or revalidation sticker, upon posting with the clerk of court in the county in which the vehicle, vessel, or mobile home was ordered removed, a cash or surety bond or other adequate security equal to the amount of the wrecker operator's lien. Upon the posting of the bond and the payment of the application fee set forth in S. 28.24, the clerk of the court shall issue a certificate notifying the department of the posting of the bond and directing the department to release the wrecker operator's lien. The department shall mail to the wrecker operator, at the address upon the lien form, notice that the wrecker operator must claim the security within 60 days, or the security will be released back to the person who posted it. At the conclusion of the 60 days, the department shall direct the clerk as to which party is entitled to payment of the security, less applicable clerk's fees.
4. A wrecker operator's lien expires 5 years after filing.
(d) Upon discharge of the amount of the wrecker operator's lien allowed by paragraph (b), the wrecker operator must issue a certificate of discharged wrecker operator's lien on forms provided by the department to each registered owner of the vehicle, vessel, or mobile home attesting that the amount of the wrecker operator's lien allowed by paragraph (b) has been discharged. Upon presentation of the certificate of discharged wrecker operator's lien by the registered owner, the department shall immediately remove the registered owner's name from the list of those persons who may not be issued a license plate or revalidation sticker for any motor vehicle under S. 320.03(8), thereby allowing issuance of a license plate or revalidation sticker. Issuance of a certificate of discharged wrecker operator's lien under this paragraph does not discharge the entire amount of the wrecker operator's lien claimed under subsection (2), but only certifies to the department that the amount of the wrecker operator's lien allowed by paragraph (b), for which the department will prevent issuance of a license plate or revalidation sticker, has been discharged.
(e) When a wrecker operator files a notice of wrecker operator's lien under this subsection, the department shall charge the wrecker operator a fee of $2, which shall be deposited into the Florida Motor Vehicle Theft Prevention Trust Fund established under S. 860.158. A service charge of $2.50 shall be collected and retained by the tax collector who processes a notice of wrecker operator's lien.
(f) This subsection applies only to the annual renewal in the registered owner's birth month of a motor vehicle registration and does not apply to the transfer of a registration of a motor vehicle sold by a motor vehicle dealer licensed under chapter 320, except for the transfer of registrations which is inclusive of the annual renewals. This subsection does not affect the issuance of the title to a motor vehicle, notwithstanding S. 319.23(7)(b).
(g) The Department of Highway Safety and Motor Vehicles may adopt rules pursuant to SS. 120.536(1) and 120.54 to implement this subsection.
History.--S. 2, ch. 76-83; S. 1, ch. 79-206; S. 1, ch. 79-244; S. 1, ch. 79-410; S. 7, ch. 90-283; S. 2, ch. 92-148; S. 10, ch. 93-49; S. 830, ch. 97-102; S. 11, ch. 98-324; S. 64, ch. 99-248; S. 41, ch. 2000-362; S. 3, ch. 2001-164; S. 36, ch. 2001-196; S. 17, ch. 2002-235.
1Note.--As amended by S. 3, ch. 2001-164. The amendment by S. 36, ch. 2001-196, uses the word "and" instead of the word "or."
2Note.--As amended by S. 3, ch. 2001-164. The amendment by S. 36, ch. 2001-196, uses the word "from" instead of the word "following."
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NATIONAL TOWING ASSOCIATIONS
Roadside Assistance Provider's Association
NY
888-720-8889888-720-7261 fax
info@rapausa.com
Friends of Towing
Millbury, MA
508-865-3121508-865-3121 fax
National Towing Alliance
Warwick, NY
888-NTA-TOWS
Towing & Recovery Association of America
Alexandria, VA
800-728-0136
towserver@aol.com
Towmasters
Concord, NH
603-778-8158
Women of the TRAA(WTRAA)
Franklin, VA
757-562-4367
towserver@aol.com
STATE TOWING ASSOCIATIONS
Alabama Towing & Recovery Assnociation
Anistan, AL
256-251-4060
Alaska Tow Truck Association
Anchorage, AK
907-344-5540907-563-7004 Fax
Arkansas Towing Association
North Little Rock, AR
501-758-4357501-758-7662 Fax
Arizona Professional Towing & Recovery Association
Sierra Vista, AZ
520-458-4541
Mesa Tow Association
Mesa, AZ
clemtow@aol.comwww.freeyellow.com/
California Tow Truck Assn.
Bakers Field, CA.
661-832-7080
Towing & Recovery Professionals of Colorado
Arvada, CO
303-424-3445303-665-5539 Fax
Towing & Recovery Professionals of Connecticut {TRPC}
172 Kelsey StreetSuite 55Newington, CT 06111
1-800-430-6486860-677-5171 Fax
www.trpconline.com
Delaware Towing Association
Wilmington, DE
302-792-1500302-798-8928Fax
Professionals Wrecker Operators of Florida
Orlando, FL
407-296-3316407-296-6335 Fax
Towing & Recovery Association of Georgia
Albany, GA
229-435-2108
Hawaii Tow Truck Association
Honolulu, HI
808-841-4011808-847-3147 Fax
islandwidetowing@hotmail.com
Idaho Towing & Recovery Professionals
Boise, ID
208-580-1024208-376-3019 Fax
www.idahotowers.com
Prof. Towing & Recovery Operators of Illinois
Pekin, IL
309-347-2286309-347-2375 Fax
ptroi@att.net
Indiana Towing & Wrecker Association
Vincennes, IN
812-882-3599
dlh4700 @excelonline.com
Towing & Recovery Professionals of Iowa
Muscatine, IA
319-263-4541319-262-5719 Fax
Kansas Motor Carriers Association
Topeka, KS
785-267-1641785-266-6551 Fax
www.kmca.org
Towing & Recovery Association of KY
Louisville, KY
606-789-1485606-789-2461 Fax
www.trak-inc.com
Towing & Recovery Professionals of LA
Baton Rouge, LA
225-295-1338225-296-0909 Fax
Statewide Towing Association
Southborough, MA
508-303-6699508-303-6697
sta@gis.net
Council of State Towing Association
Up. Marlboro, MD
301-599-8380
Metropolitan Professionals Towing Association
Forestville, MD
202-347-8989301-735-9633
Towing & Recovery Professionals of MD
Huntington, MD
410-414-5406410-414-5408 Fax
Towing & Recovery Association of Maine
Auburn, ME
207-786-3886
Mainetow@ctel.net
Michigan Towing Association
Saginaw, MI
517-755-1133
Minnesota Professionals Towing Association
Maplewood, MN
651-642-1446651-642-0010 Fax
Missouri Tow Truck Association
Lee's Summit, MO
816-524-7350816-246-5660 Fax
Jackson Towing Association
Jackson, MS
601-922-4262601-922-0002 Fax
Mississippi Towing & Recovery Professionals
Vicksburg, MS
601-636-7634601-636-0413 Fax
wetow4u@magnolia.net
Montana Tow Truck Association
Livingston, MT
406-686-4230406-686-4230 Fax
Towing & Recovery Professionals of North Carolina
Raleigh, NC
919-876-0687919-878-7413 Fax
towing.citysearch.com
Towing & Recovery Professionals of North Dakota
Minot, ND
701-852-2525701-838-0705 Fax
Nevada State Towing Association
Reno, NV
775-786-2122
New Hampshire Towing Association
Manchester, NH
603-863-4206603-668-8690 Fax
nhta@fegnetworks.net
www.nhtowingassociation.org
N.J. Motor Truck Association / N.J. Tow Council
E.Brunswick
732-254-5000
Garden State Towman's Assn.
Red Bank, NJ
973-267-7665
www.gsta.org
New Mexico Motor Carriers Association
Albuquerque, NM
505-884-5575505-884-3661 Fax
nmmca@truckline.com
All City Collision Rotation Towing Association
Floral Park, NY
718-347-0400
Empire State Towing & Recovery Association
Albany, NY
518-436-7202888-85 ESTRA518-463-7952 Fax
Metroplitan NY Towing & Auto Body Association
Brooklyn, NY
718-236-3473718-236-3476 Fax
Professional Wrecker Operators Association
Roslyn, NY
516-627-7630516-627-7379 Fax
Syracuse Towing Association
Syracuse, NY
315-469-0800315-492-9311 Fax
Professional Towers Association of Nebraska
Omaha, NE
800-772-6498308-532-2490
Nebraska Motor Carriers Association
Lincoln, NE
402-476-8504
Towing & Recovery Professionals of Nevada
Reno, NV
702-329-0155
Interstate Towing Association
Williston, NY
516-747-3620
Towing & Recovery Association of Ohio
Hebron, OH
740-928-3400740-928-3402 Fax
ourstow@infinet.com
Oklahoma Wrecker Owners Association
Oklahoma City, OK
405-319-1724405-631-3460 Fax
cp9797@aol.com
Oregon Tow Truck Association
Wilsonville, OR
503-694-2371503-694-2360 Fax
www.otta.org
Association of Owners & Operators of Puerto Rico
Bayamon, PR
809-780-2240
Pennsylvania Towing Association
Bloomsburg, PA
570-387-1895717-920-1333
Rhode Island Towing Association
Pawtucket, RI
401-724-2333401-723-3658 Fax
Towing & Recovery Association of South Carolina
Abbeville, SC
864-229-6765
South Dakota Professional Towers
Brookings, SD
605-697-7545605-692-9210 Fax
Tennessee Towing & Recovery Professionals
Nashville, TN
615-350-5800615-329-9306 Fax
ttrp@aol.com
Central Texas Wrecker Association
San Antonio, TX
361-547-7555361-547-7546 Fax
ttsa.the-i.net
Houston Auto Wreckers Association
Houston, TX
713-522-9710
Texas Towing & Storage Association
Mathis, TX
210-342-4882
Utah Professional Towing Association
Clearfield, UT
801-774-6722801-774-6715 Fax
T.R.A.A.
Alexandria, VA
800-728-0136
Tow Equipment Distributors Association
Alexandria, VA
800-728-0136
Virginia Association of Towing & Recovery
Mannassas, VA
800-541-2432
sue@vatro.org
Vermont Tow Association
Wht River Jct, VT
802-295-2084802-296-2463 Fax
Independent Towers of Washington
Olympia, WA
360-413-5463360-264-5791 Fax
http://www.itow.org
Washington Tow Truck Association
Puyallup, WA
253-922-9294253-922-3654 Fax
watowassoc@aol.com
Wisconsin Towing Association
Madison, WI
608-833-8200608-833-2875 Fax
West Virginia Towing & Recovery Association
Charleston, WV
304-346-0338304-346-0330 fax
Wyoming Professional Towing Association
Cheyenne, WY
800-359-8075307-632-8870 Fax
Co http://wytra.org
INTERNATIONAL TOWING ASSOCIATIONS
Professional Towing Association Of Alberta
Edmonton, Alb. Canada
403-352-7892
Canadian Tow. Soc. Atlantic Chapter
Lakeside, NS Canada
902-876-0440|902-625-1600
Prince Edward Island Chapter
Cardigan,PEI Canada
902-894-4012902-436-8744
Canadian Towing Society
Grimsby, Ont. Canada
905-643-3503
Canadian Tow. Soc. Ontario Chapter
Bancroft, Ont. Canada
800-218-2818
Prof. Tow. & Rec. Assn. of N. B.
Sussex, NB Canada
506-433-2780
Association Canadienne De Remorguage
Stoneham, PQ Canada
418-848-3992
Ontario Towing & Recovery Association
Bracebridge, Ont. Canada
705-646-2255
Ontario Recovery Group Inc.
Woodstock, Ont. Canada
519-421-0860
Nova Scotia Towing Society
Lakeside, NS Canada
902-876-0440
Provinical Towing Association
Port Perre, Ont. Canada
905-985-0922
www.towman.net
Greater Toronto Towing Association
Woodbridge, Ont. Canada
416-960-4882416-960-1093 Fax
http://members.home.net/nipple/gtta.html
Verband der Bergungs- und Abschleppunternehem
Wuppertal, Germany
011-49202-266560011-49202266564Fax
http://vba-service.de/english.htm
Association of Vehicle Recov. Operators
Rugby Warwickshire GB
011-017-88576465
Association of Representation and Protection of the Recovery & Towing
Italy
011-39-573-24226011-39-573-24227Fax
www.zen.it/ancsa
Verenigung Van Bergings Specialisten
Netherlands
011-3140-2463626011-3140-2445533Fax
www.vbs-berging.nl
South Island Vehicle Recovery Association, Inc.
ChristiChurch,New Zealand
011-03-3811198011-03-389027Fax
Colo
Association of Owners and Operators of P.R.
Bayamon, P.R.
787-780-2240
New Brunswick Towing and Recovery
Chipman, NB
506-339-6249
South african Towing & Recovery association
http://www.satra.co.za
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Canadian Auto Associations |
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| Resource of Canadian Auto Associations & Organizations |
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Here's a list of the who's who of the Canadian automotive industry with links to their sites.
Canadian Automobile Dealers Association (CADA)
CADA membership includes 3,000 franchised new domestic and import automobile dealerships across Canada, representing a key sector of the economy.
Used Car Dealers Association (UCDA)
The Used Car Dealers Association of Ontario has a membership of over 3 000 motor vehicle dealers. It represents the interests of the used vehicle industry with consumers, the media and government. It also provides educational programs for the industry and a free transactional mediation process for consumers and dealers.
Ontario Motor Vehicle Industry Council (OMVIC)
OMVIC is responsible for administering the Ontario Motor Vehicle Dealers Act (MVDA), to maintain a fair, safe, and knowledgeable marketplace in Ontario. Their mandate is to protect the rights of consumers, to enhance the industry’s level of professionalism, and to make sure that competition for registered dealers is fair, honest, and open.
Electric Vehicle Association of Canada (EVAC)
The Electric Vehicle Association of Canada (EVAC) is a federally-registered, non-profit corporation founded in 1978. EVAC represents a diverse range of corporations including automobile manufacturers, mineral producers, high-technology developers, government, and electric utilities, all of whom are linked by their stakes in the commercialization and widespread use of advanced-technology, next-generation vehicles.
Automobile Protection Association
The Automobile Protection Association is a membership-based non-profit association that assists consumers.
Canadian Automobile Association
The Canadian Automobile Association is a membership-based association that provides travel, insurance, and automotive services to consumers.
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ProTow Will Work With All 50 States |
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State |
Max.
Towing
Speed |
Max.
Trailer
Length |
Max.
Trailer
Width |
Max.
Trailer
Height |
Max.
Overall
Length |
Max.
Wt. Req.
Trlr Brakes |
Alabama |
70 mph |
40' |
8' |
13 1/2' |
57' |
3000 lbs |
Alaska |
55 mph |
40' |
8 1/2' |
14' |
75' |
5000 lbs |
Arizona |
55 mph |
40' |
8' |
13 1/2' |
65' |
3000 lbs |
Arkansas |
65 mph |
N/A |
8 1/2' |
13 1/2' |
N/A |
3000 lbs |
California |
55 mph |
40' |
8 1/2' |
14' |
65' |
1500 lbs |
Colorado |
65 mph |
45' |
8 1/2' |
13' |
70' |
3000 lbs |
Connecticut |
65 mph |
45' |
8 1/2' |
13 1/2' |
75' |
3000 lbs |
Delaware |
55 mph |
40' |
8 1/2' |
13 1/2' |
70' |
4000 lbs |
Dist. of Columbia |
55 mph |
40' |
8' |
13' |
55' |
3000 lbs |
Florida |
65 mph |
48' |
8 1/2' |
13 1/2' |
65' |
3000 lbs |
Georgia |
55 mph |
N/A |
8' |
13 1/2' |
55' |
3000 lbs |
Hawaii |
55 mph |
40' |
8 1/2' |
13 1/2' |
65' |
3000 lbs |
Idaho |
65 mph |
45' |
8 1/2' |
14' |
75' |
1500 lbs |
Illinois |
55 mph |
60' |
8' |
13 1/2' |
60' |
3000 lbs |
Indiana |
55 mph |
40' |
8 1/2' |
13 1/2' |
60' |
3000 lbs |
Iowa |
65 mph |
48' |
8 1/2' |
13 1/2' |
65' |
3000 lbs |
Kansas |
55 mph |
45' |
8 1/2' |
14' |
N/A |
N/A |
Kentucky |
65 mph |
N/A |
8' |
13 1/2' |
65' |
N/A |
Louisiana |
70 mph |
30' |
8' |
13 1/2' |
70' |
3000 lbs |
Maine |
55 mph |
45' |
8 1/2' |
13 1/2' |
65' |
3000 lbs |
Maryland |
65 mph |
N/A |
8' |
13 1/2' |
55' |
3000 lbs |
Massachusetts |
65 mph |
33' |
8 1/2' |
13 1/2' |
75' |
N/A |
Michigan |
55 mph |
53' |
8' |
13 1/2' |
65' |
3000 lbs |
Minnesota |
70 mph |
48' |
8 1/2' |
13 1/2' |
60' |
3000 lbs |
Mississippi |
55 mph |
50' |
8 1/2' |
13 1/2' |
75' |
2000 lbs |
Missouri |
70 mph |
N/A |
8 1/2' |
13 1/2' |
60' |
N/A |
Montana |
65 mph |
N/A |
8 1/2' |
13 1/2' |
65' |
3000 lbs |
Nebraska |
65 mph |
40' |
8 1/2' |
14 1/2' |
65' |
3000 lbs |
Nevada |
65 mph |
N/A |
8 1/2' |
14' |
70' |
3000 lbs |
New Hampshire |
55 mph |
N/A |
8 1/2' |
13 1/2' |
48' |
N/A |
New Jersey |
65 mph |
40' |
8 1/2' |
13 1/2' |
62' |
N/A |
New Mexico |
75 mph |
40' |
8 1/2' |
14' |
65' |
3000 lbs |
New York |
65 mph |
45' |
8 1/2' |
13 1/2' |
60' |
3000 lbs |
No. Carolina |
55 mph |
48' |
8 1/2' |
13 1/2' |
60' |
4000 lbs |
No. Dakota |
70 mph |
60' |
8 1/2' |
14' |
75' |
N/A |
Ohio |
55 mph |
40' |
8 1/2' |
13 1/2' |
65' |
2000 lbs |
Oklahoma |
65 mph |
N/A |
8 1/2' |
13 1/2' |
65' |
3000 lbs |
Oregon |
55 mph |
40' |
8 1/2' |
14' |
50' |
N/A |
Pennsylvania |
55 mph |
53' |
8 1/2' |
13 1/2' |
60' |
3000 lbs |
Rhode Island |
65 mph |
48 1/2' |
8 1/2' |
13 1/2' |
60' |
4000 lbs |
So. Carolina |
55 mph |
53' |
8 1/2' |
13 1/2' |
N/A |
3000 lbs |
So. Dakota |
65 mph |
53' |
8 1/2' |
14' |
80' |
3000 lbs |
Tennessee |
70 mph |
48' |
8' |
13 1/2' |
65' |
3000 lbs |
Texas |
70 mph |
N/A |
8 1/2' |
14' |
65' |
4500 lbs |
Utah |
65 mph |
48' |
8 1/2' |
14' |
65' |
N/A |
Vermont |
65 mph |
48' |
8 1/2' |
13 1/2' |
72' |
3000 lbs |
Virginia |
55 mph |
N/A |
8 1/2' |
13 1/2' |
65' |
3000 lbs |
Washington |
60 mph |
48' |
8 1/2' |
14' |
75' |
3000 lbs |
West Virginia |
65 mph |
48' |
8' |
13 1/2' |
55' |
3000 lbs |
Wisconsin |
65 mph |
48' |
8 1/2' |
13 1/2' |
65' |
3000 lbs |
Wyoming |
65 mph |
60' |
8 1/2' |
14' |
85' |
N/A |
This chart has been prepared with the help of the 2004 "Digest of Motor Laws" published by the American Automobile Association.
Arizona: May not travel at a speed that causes lateral sway of the trailer.
Kansas, Wyoming and Utah: Any combination of vehicles must have a brake system that will stop within 40 feet from 20 mph. | | |
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The Bureau of Transportation Statistics (BTS)
Main
Highway Statistics
Fatality Analysis Reporting System Database
National Transportation Statistics
E Form
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Towing and Repossession Law
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