§ 39-12.1-8 - Notice prior to enforcement of possessory lien.
SECTION 39-12.1-8
§ 39-12.1-8 Notice prior to enforcement ofpossessory lien. – (a) Prior to enforcement of its possessory lien as provided in §39-12.1-9, the certificated tower shall give notice by registered mail, returnreceipt requested, to the last known registered owner and all known lienholdersof record, at the address shown on the records appropriate of the registry, inthe state of which the vehicle is registered, substantially in the formprovided in § 39-12.1-14, stating:
(1) That no complaint having been filed and that the vehiclehas not been claimed or possession retaken or arranged for within thirty (30)days of the notice given pursuant to § 39-12.1-4.
(2) That the certificated tower claims a possessory lien forall recovery, towing, and storage charges.
(3) That the registered and/or legal owner may retakepossession at any time during business hours by appearing, proving ownership,and paying all charges due the certificated tower pursuant to its publishedtariff; and
(4) That if the vehicle is not claimed and possessionretaken, or arranged for, within ten (10) days of the mailing of the notice,the lien will be foreclosed and the vehicle will be sold at public auction;
(5) The date, time, and place at which the public auctionshall occur.
(6) That any charges in excess of the sale proceeds shallremain as a civil obligation of the owner.
(b) If the identity of the last known registered owner and/orthe lienholders cannot be determined by a request to the appropriate registryin the state in which the vehicle is registered, notice by the certificatedtower pursuant to § 39-12.1-4(b) shall be sufficient notice prior toforeclosure of the possessory lien; provided, however, in such instance, nosuch foreclosure shall occur prior to sixty (60) days after the date of noticeby the certificated tower.
(c) During the sixty (60) day period described in subsection(b) of this section, provided for in § 39-12.1-9(a), should the lastregistered and/or legal owner receive actual notice containing the itemsreferred to in subsection (a) of this section, the certificated tower mayproceed with lien foreclosure procedures set forth in this chapter.
(d) Notwithstanding the fact that the last registered ownerof the vehicle proves that the vehicle has been sold to another owner but thatthe registration has not been transferred, the last registered owner shallremain primarily liable to the certificated tower for all charges incurred fortowing and storage charges less whatever proceeds are realized at theforeclosure sale.
(e) In the event it shall be determined that failure tolocate the last registered and/or legal owner and/or lienholders was caused byany misinformation furnished by any agency of government, or because of lack ofinformation which a government agency has the legal duty to provide, andproviding that the certificated tower shall have exercised its best efforts tolocate the last registered and/or legal owner and/or lienholders, thecertificated tower shall be absolved of any civil duty to the lawful owner ofthe vehicle, and shall have complete defense against any criminal chargesgrowing out of the disposal of the vehicle as provided in this section. In thisregard, a certificated tower shall rely on the performance of law enforcementto comply with statutes dealing with the reporting of vehicles reported stolen.In addition, proof by the certificated tower of having made inquiry of theappropriate registry in the state in which the vehicle is registered in themanner required by the registry shall constitute best efforts.