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





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