Certificate Of Sale Repairman'S Lien Page 2

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Instructions for Filing a Repairman's Lien -
UTAH CODE 38-2-4
If a vehicle has been left at a garage or gas station after completion of the repair, the repairman may sell the vehicle after
completing the following steps:
A. At least thirty days before the scheduled date of any sale, send a certified letter to --
1. The registered owner of the vehicle;
2. The customer responsible for the work order request (A work order is defined as a printed business form from an
established place of business, listing the business address and phone number, containing fees for all services and
labor and signed by the customer or containing an electronically transferred authorization from the customer, such
as a facsimile, e-mail, telephonic message which is stored, recorded or retained. This definition would comply with
Utah Administrative Code R152-11, part of the Utah Consumer Sales Practices Act); and
3. All other persons claiming an interest in or lien on the property (in-state or out-of-state).
B. The certified letter shall contain:
1. The vehicle description (VIN/HIN, year, make, and model) and location;
2. The name and address of the owner of the property, the customer as indicated on the work order, and any person
claiming an interest in or lien on the property;
3. The name, address and telephone number of the repairman;
4. The total amount owing to the repairman for services and labor performed;
5. The interest and any storage fees due to reclaim the vehicle;
6. The date, time, and location of the sale, and whether the sale shall be public or private (
no property may be sold
earlier than 45 days after completion of the repair work
);
7. An explanation of the repairman's right to claim lien under Utah Code 38-2-3; and
8. Notice that the owner of the property has a right to recover possession of the property by posting a bond.
C. Before the sale takes place, the repairman must:
1. At least 20 days prior to the sale, advertise the vehicle (including VIN/HIN, year, make, and model) once in a newspaper
circulated in the county where the vehicle is held.
Local advertising circulars are not acceptable.
If secured lien holder
has not issued a release, advertisement must indicate sale is subject to the interest of a lien holder.
2. Obtain proof of publication from newspaper agency.
D. When the final sale takes place, provide the purchaser with the following documents:
1. Completed Certificate of Sale (form TC-839R);
2. Return receipts for all certified letters dated at least 30 days before the sale or the returned unopened letters;
3. Copy of certified letter(s);
4. Proof of publication notice from the newspaper agency, along with the advertisement directly from the
newspaper, showing dates of publication; and
5. Copy of signed work order.
E. To title and register the vehicle in Utah, the purchaser must :
1. Satisfy any registered lien recorded against the vehicle;
2. Obtain a lien release, if applicable (P
ursuant to Utah Code 38-2-3, i
f a lien release is not obtained on
vehicles with registered liens, the outstanding lien will be recorded on the new certificate of title)
; and
3. Surrender to the Motor Vehicle office the following:
a. Completed Certificate of Sale (form TC-839R);
b. Returned receipts for certified letters or the return unopened letters;
c. Copy of the certified letter(s);
d. Proof of publication and actual advertisement;
e. A copy of the work order;
f. A safety/emission certificate of compliance, if applicable; and
g. A lien release, 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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