Form Tc-839s - Certificate Of Sale (Self-Storage Lien) Page 2
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1
2Instructions for Filing Self-Service Storage Facility Lien
A self-service storage facility has a lien on a vehicle, vessel or outboard motor under Utah Code Ann. 38-8-2 & 3.
No enforcement action may be taken by the self-service storage facility until the occupant has been in default continuously for a
period of 30 days. Before taking enforcement action, the owner shall determine if a financing statement filed in accordance with
Title 70A, Chapter 9a, Part 5, Filing, has been filed with the Division of Corporations and Commercial Code concerning the
property to be sold.
The Self-Storage Facility may sell the vehicle, vessel or outboard motor after completing the following
steps:
Thirty days before the scheduled date of any sale of a vehicle, vessel or outboard motor, send a certified letter or
personally serve notice to:
1. the last-known address of the occupant;
2. a copy of the notice shall, at the same time, be sent to the sheriff of the county where the self-service storage facility is
located;
3. the last-known address of the registered owner of the vehicle, vessel or outboard motor (obtained from Division of Motor
Vehicle); and
4. the last-known address of any lien holder of the vehicle, vessel or outboard motor (obtained from Division of Motor Vehicle).
The certified letter should contain the following information:
1. an itemized statement of the owner's claim showing the sum due at the time of the notice and the date when the sum became
due and a list of procedures to retrieve the vehicle, vessel or outboard motor;
2. the location of the vehicle, vessel or outboard motor;
3. a description of the vehicle, vessel or outboard motor, including the year, make, model and VIN (vehicle identification number),
or HIN (hull identification number);
4. a notification of denial of access to the vehicle, vessel or outboard motor, if such denial is permitted under the terms of the
storage/rental agreement. Notification shall provide the name, street address, and telephone number of the owner or his
designated agent whom the occupant may contact to respond to the notification;
5. a demand for payment within a specific time, not less than 15 days after receipt of the notification; and a conspicuous
statement that unless the claim is paid within the time stated in the notice, the goods will be advertised for sale and sold by
auction at a specified time and place.
After the expiration of the time given in the notification, but at least fifteen days before the sale:
1. the sale must be advertised in a newspaper of general circulation in the county where the self-service storage facility is
located, at least once a week for two consecutive weeks;
2. the advertisement must include:
a. a description of the vehicle, vessel or outboard motor (year, make, model, VIN or HIN);
b. the address of the self-service storage facility and the storage unit number, if any, where the vehicle, vessel or outboard
motor is located;
c. the name of the person on whose account they are being held and his last known address;
d. the time, place and manner of the sale; and
e. the sale must take place at least fifteen days after the publication.
The sale:
1. must conform to the terms of the notice; and
2. the sale must be held at the self-service storage facility or at the nearest suitable place to where the goods are held or stored.
When the final sale takes place, provide the purchaser with the following:
1. completed Certificate of Sale (form TC-839S);
2. return receipts for all certified letters dated at least 30 days before the sale or the returned/unopened letters;
3. copy of the certified letter;
4. proof of publication notice from the newspaper agency, along with a copy of the advertisement directly from the newspaper,
showing dates of publication; and
5. copy of the storage contract.
To title and register the vehicle in Utah, the purchaser must surrender to the Division of Motor Vehicles the following:
1. completed Certificate of Sale (form TC-839S);
2
dated at least 30 days before the sale or the returned/unopened letters
. return receipts for the certified letters
;
3. copy of the certified letter;
4.
proof of publication notice from the newspaper agency, along with a copy of the advertisement directly from the newspaper,
showing dates of publication;
5. copy of the storage contract; and
6. a safety/emission certificate of compliance, if applicable.
Visit the Division of Motor Vehicles at dmv.utah.gov or contact the
Division of Motor Vehicles at
801 297-7780 or 1-800-368-8824
-
for the address of the office near you.
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