When I went to the DMV they told me I have to do everything over again from the beginning because they found the vehicle titled in another state, but I did my Good Faith effort and received different information than what they had and did my letters…Do I really have to start all over?
with my paperwork, what forms does Auto Data Direct provide for its customers?
ADD provides certified mailings, including Notice of Claim of Lien and Sale, Good Faith Letter, and Out-of-State Record Request Letter. ADD also provides Florida DHSMV forms, including Transfer of Title, Bill of Sale, Certificate of Destruction, as well as Wrecker Operator Liens.
The TL-26 is the Title and Lien procedure manual to explain how to handle the transfer of certificate of title upon sale for towing and storage lien or application for Certificate of Destruction by a towing company or a transport company.
This depends on the age of the vehicle, if the car is less than 3 years old, 50 days, if the car is more than 3 years old, 35 days (this does not include the day of tow or the date of auction). Age is determined beginning in the present year (example - 2010, 2009, and 2008-anything prior to that year is considered more than 3 years old).
Your lien letters must be mailed within the first 7 business days (this does not include weekends or holidays) in order to collect storage.
You will not be able to charge storage fees and would need to set the storage amount to zero.
The advertisement must be published at least 10 calendar days prior to the date of sale, in a newspaper of general circulation in the county in which the sale is to be held. The 10 calendar days do not include the date of the advertisement or the date of the sale.
I need to do? Start all over from the beginning?
You will not need to start over, but you will need to send the “Towing Notice of Sale Only” to all parties (Owner, Lien Holder, and Insurance Carrier); however, you are only required to give the parties a 15 day notice. Just remember that the newspaper ad has to be re-run 10 days before the auction (not including the date of the ad or the date of the sale).
VIN is good, what do I do?
You will need to send a certified Good Faith Letter to your local Law Enforcement Office. If you know what state the vehicle is titled, you will need to send a certified Out-of-State Records Request letter or if the states vehicle inquiry is available through ADD, you may run it on the system.
Send a Good Faith Letter to local law enforcement with the words “No VIN.”
If Law Enforcement does not respond to your Good Faith Letter you may still proceed with your auction. You will need to run your newspaper ad just like any other vehicle, as well as attach a Good Faith Letter Affidavit to your packet.
Once your auction has been held there are a few forms you will need: Transfer of Title if you are going to register the vehicle in your company name or if you have sold the vehicle to someone at the auction, you will need a Bill of Sale if you sold the vehicle, or a Certificate of Destruction if you are going to junk the car. You may also need a Wrecker Operator’s Lien if it applies to this vehicle. Once you have completed and printed the forms, you will need to add your proof of publication and the original tow ticket.
The towing company has the option to transfer the title of the vehicle into the company name or get a Certificate of Destruction on the vehicle.
from the beginning because they found the vehicle titled in another state, but I did my Good Faith effort and received different information that what they had and did my letters…Do I really have to start all over?
If the tow company completes their packet and the tax collector finds a NMVTIS record, the Tax Collector should accept the packet and send it to Tallahassee for review. If everything is in order they will issue a 15 day Show Cause Letter (page 18 TL-26). The towing company may be given the information to contact the state of record, if they choose. This will eliminate the need for the 15 day Show Cause Letter.
A Firm Book 3877 is your proof of mailing the letters via certified mail.
You may be eligible to place a Wrecker Operator Lien against the owner of the vehicle as long as the vehicle:
- Was a law enforcement tow
- Was towed from public property, (not private property)
- you receive a Certificate of Destruction
All three criteria MUST be met.
You are only allowed to place a lien for the amount of the tow and recovery charges plus 7 days of storage.