Home     Links     Contact Us     Bookmark  
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Insurance & Registration

My car was impounded for 30 days and now has a lien on it...?
Find answers to your legal question.

My car was impounded for 30 days and now has a lien on it...?

have you ever heard of this? My son was caught driving my car with no license so it was impounded for a mandatory 30 days. 20 or so days in while my car was sitting at their yard I get a lien notice. Well I was out of town for a week so it sat in my mailbox all that time. When I opened it it said if I intend to get my car out on the 30th day than i need to sign and send back the Declaration of Opposition so they dont issue the lean. It had to be post marked on the 10th day. When I finally got my hands on it, it was the 10th day so I went to the dmv that day since they were the lien holder to see if they can make note that I intend to get my car out.They could do nothing about it and said to mail it in asap. So I did, that day. 30th day came and I paid $1400 to get my car out. I asked the police office why they would send me a lien notice so early when I had a mandatory 30 day hold and the officer said they do it just to start the process because it can be timely. I guess some people get their cars towed and think its too much money to get out and say forget it. They have to put a lien on it in order to sell it at auction. Long story short. Today I got a letter saying that DMV is the lien holder because my letter was not post marked within the 10 day timeline. It also says i need to put a restraining order on the lien holder and serve them as soon as possible. Im confused...Whats after that? It seems illegal to issue a lien before my 30 days was up. There was nothing I could do to get it any earlier or I would have. Has this happened to anybody?? What did you do to correct it??
Additional Details
My car is paid off and I now have it in my possesion since I paid the inpound fees. When the police called and said my 15 year old was caught in it they asked if i allowed him. I told them no but they still impounded it and released my son to me. The lien letter was called a Decloration of opposition. The one I got today said it was invalid due to it not being post marked within 10 days. it also says "If you wish to inquire regarding the disposition of your vehicle you must provide the department with either a restraining order issued by a california or United states court, or request from a law enforcement agency. If a restraining order is furnished, it must be served upon the director of motor vehicles or the dept's legal counsel in Sacramento and must be accompanied by a copy of the complaint or petition. The restraining order must specifically restrain the department of motor vehicles from transferring the vehicle"


Jr. is angry
im confused. talk to a lawyer.

why would they impound your car if your kid stole it? unless they proved you knowingly gave the kid the car.

a lien means they have an interest in the car. you have to pay them or they take the car to settle the dept. impounding has nothing to do with a lien. two different things.

unless the law says they can sell your car if your son drives it, i dont see how they intend to sell it.

with or with out a lien, if it is impounded for 30 days they cant notify you it will be sold in ten days before the 20 is up.

at least, i wouldnt think so.

go tell them your kid stole the car .get him arrested, get your car back. all you lose is a son. car is worth more.

Roger S
The lien part on the tenth day is correct. the 30 day impound is also right. But some times you can get the car sooner then 30 days. Unless it is a second offense. On the third they sell it regardless. the part that is odd is the restraining order. If you got your car back. what is the order for. that does not sound right. Is their more to the story? And the part about the DMV being the lien holder does not sound right either. If you make payments on the car, the bank is the lien holder. If you don't make payments, their is no lien holder. Can you Explain more on the lien thing.

 Enter Your Message or Comment

User Name:  
User Email:   
Post a comment:

Legal Discussion Forum

 In Alberta, if you are 18 do you still need a learners license before you get fully licensed?
so I don't have a learners license and I just turned 18, do I still need to get my class 7 before I can get my class 5??...

 What does "P.D. case NO." on a not stopping at the stop sign ticket mean?

 In the morning i drove 80miles in 2hrs later i covered 100 miles in 3hrs whats was my average rate of speed?
in miles per hrs for the 5hrs of ...

 Drivers ed or what????????
I am 17
i live in TEXAS
my mom's friend has been teaching me how to drive.
Her friend and i were take her truck and she will give me driving lessons. No i never had a ...

 Question about my wreck.?
i was recently in a wreck. I noticed when they where dragging it onto the tow truck the front wheel was sheered off the transmission(front wheel drive) and the wheel was smashed under the door. The ...

 How do I get a drivers license in Arkansas?
I am fifteen and will be sixteen in one month. I was wondering what do I have to do to get a drivers license in Arkansas? Do I have to go to a drivers school? or can I just do it by reading the dmv ...

 Can i drive my car without insurance for the time being in California?
I'm 16 and i just got a new car yesterday. My parent's have already added my name to their insurance, but that was before they bought me a car. Can i legally drive without insurance for the ...

 How old do i have to be to get my license permit? ?
i am from Chicago and i was February 1994....

 Can I take my drivers test in the ?
I'm scheduled to take my drivers test in 2 days (Tuesday), and the weather is calling for snow. I was wondering if I can still take it in the snow if it really does snow. Its supposed to snow ...

 Does my car insurance become void if I haven't paid to renew my license plate?

 About a UK provisional driving licence?
To drive with a provisional I know that the passenger has to have had a full licence for at least 3 years and be over 21.

But do they have to be able to physically drive the car? For ...

 I have the title to a car...is there a way i can find the car?

 I didn't receive my title of he car?

one month back i brought the used car and registered in NY DMV , but i didn't receive my title yet, in how many days i will get my title after registration , and what i need to do ...

 Collecting on insurance policy?
Ok, so here it is. A guy hit me, police report said his fault. Totaled my truck and I got a huge amount of med bills. Now I know his insurance co. is payin for my truck and my med bills, but can I ...

 How much insurance discount did you receive after completing a driver safety course ?

 Does anyone know the best car insurance to buy from with just the minimum required?
i am so sick of car insurance companies taking advantage of people with these super high prices just because the dumb law says you have to have insurance....

 Can the guy who bought my car legally sign the title back over to me?
So today I had a man buy my car. He wrote me a check and I signed over the title to him. Everybody appears happy! 20 minutes after I sell it to him I get a call from him saying that he just realized ...

 How old do you have to be in order to start drivers ed in California?
I want to start drivers ed, but how old do you have to be? I'm 14 1/2 right now. Is there different age limits for online drivers ed and actual classes?...

 Will they report this accident?
I have two questions...yesterday I rear ended a guy on the freeway. There were no dents or noticeable damage on either car, just a scratch. He said that if it was his car, he wouldn't care, but ...

 Drivers Training????????????????
Will they actually TEACH me how to drive or will I actually have to know how do drive before hand?...

Copyright (c) 2009-2013 Wiki Law 3k Saturday, February 13, 2016 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links