Legal Question in Business Law in California

calif. lein sale law procedures

my question is about lein sale law in the state of Calif. a collectors car of mine which was not in use and not registered was lein saled by a bodyshop. the owner knew very well where it came from and who was the legal owner and my address. he did not notify CALIF DMV on the lein sale form of my ownership. thus i was never notified and given the oportunity to object to the lein in general/or satisfy any aledged owed monies.

i asert the the lein sale / and any subsequent transfer of ownership is not valid . aren't there any requirements to the leinsaler to be honest and put the owners info on the lein paperwork when he has knolegde of it- even though it is not on the calif DMV computer?

i do not believe that there is a law that says every unused off the road vehicle in calif has to be registred(especially if it is stored on private property- inside). either way ,i do not believe any registration laws would preclude the lein sale filer to omit the true ownership info. if it is known to him- even if the car is not registered hence not on the DMV computer.

please give me the answer as for some reason,i cannot get this question answered / find it in writing at the Calif. DMV lein sale dept.

please send me an answer


Asked on 7/14/07, 2:24 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: calif. lein sale law procedures

IF the lien sale rules were not followed exactly, you may have a claim and lawsuit against the shop. Sue in small claims if the value is within its money limit. If more than that, then consider hiring counsel to do so in Superior Court. Feel free to contact me in that case, if you need help.

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Answered on 7/16/07, 1:44 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: calif. lein sale law procedures

If the bodyshop knew the name and address of the owner, yes, it should have included the name and address on the lien sale documents. However, unfortunately, if the vehicle has been sold to a "bona fide" purcnaser (someone who has paid value and had no knowledge of the facts), your only remedy is to sue the bodyshop to recover the value of the vehicle.

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Answered on 7/14/07, 3:20 pm


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