Possessory Lien Affidavit (Wrecker And/or Towing Service) - Kansas Department Of Revenue, Division Of Vehicles Page 2
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1
2ADDITIONAL REQUIREMENTS
1. The following documentation must be attached to this affidavit:
ü If the tow service was requested by the driver, a copy of the tow and storage notice or bill signed
by the person requesting the tow is required;
ü If owner is known at the time of service, proof (certified mail receipt) that a within 15 days of
providing the tow service notice was given to the owner that vehicle is being held subject to
satisfaction of lien;
ü Proof (copy) of verification from the division of vehicles;
ü Receipt(s) for certified mailing(s) to owner and any lienholder(s), as proof that notice was mailed
within 10 days after receipt of verification;
ü Proof of newspaper publication advertising the public auction.
2. KSA 8-1108 Invalidity of Lien. Failure to give any notice required under the provisions of this act
shall stop the imposition of storage fee, until the notice provisions are complied with in accordance
with the provisions of this act
3. An Odometer Disclosure Statement (form TR-59) must be attached if the vehicle is less than 10 years
old. (Current year minus 10 equals ten model years. Example: 2004-10=1994 or older vehicles do
not need odometer statement. In this example 1995 or newer vehicles must have an odometer
statement.)
4. If the verification does not indicate the vehicle was last titled and registered in Kansas, “No Record
Found” verification, an MVE-1, Motor Vehicle Examination form issued by the Kansas Highway
Patrol, or their designee must be obtained and attached to this affidavit before making application for
a Kansas title.
5. Within 30 days from date of purchase, the purchaser must make application for title and registration
in the county treasurer’s office in the county in which the vehicle will be located. All documentation
listed above along with this Possessory Lien Affidavit must be submitted to the treasurer’s office
when making application.
NOTICE
All documents listed above, in addition to this affidavit must be presented to the purchaser for the
purpose of making application for title and registration at the local county treasurer's office in the county
in which the vehicle will be located.
Possessory lien requirements are based on Kansas Statutes: KSA 8-1103, 8-1104, 8-1105, 8-1106, 8-
1107 and 8-1108.
SALVAGE VEHICLE
KSA 8-197(b)(2) ‘‘salvage vehicle’’ means:
(A) Any motor vehicle, other than a late model vehicle, which is of a type required to be registered in this state, but which
cannot be registered because it has been wrecked or damaged to the extent that: The equipment required by state statute on
any such vehicle used on the highways of this state is not present or is not in good condition or proper adjustment, as
prescribed by state statute or any rules and regulations adopted pursuant thereto, or such vehicle is in an inoperable condition
or a condition that would render the operation thereof on the highways of this state a hazard to the public safety; and in either
event, such vehicle would require substantial repairs to rebuild or restore such vehicle to a condition which will permit the
registration thereof;
(B) a late model vehicle which is of a type required to be registered in this state and which has been wrecked or damaged to
the extent that the total cost of repair at retail is 75% or more of the fair market value of the motor vehicle immediately
preceding the time it was wrecked or damaged and such condition was not merely exterior cosmetic damage to such vehicle as
a result of windstorm or hail.
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