Chapter 10, Section C:|
Towing Lien Checklist
1. Copy of towing order
§ Date and time of tow ________________________________________
§ The towing order must include the date and time of tow, vehicle information and (per 18.104.22.168 NMAC) towing authorization from either:
· a law enforcement officer if the motor vehicle is abandoned on public property; or
· if the motor vehicle is abandoned on private property, the property owner or his agent, together with the names of owner and agent (if any), the location of the private property, and the amount of time the motor vehicle has been on the private property.
2. Unclaimed vehicle reports
3. Proof of NM registered owner –
4. Proof of out-of-state registered owner
5. Notice of Lien form MVD-10058
6. Proof of mailing of the form MVD-10058
7. Advertisement of public sale (48-3-14)
(part of Affidavit or Resale form, MVD-10059)
· Handbills - Post six handbills in six conspicuous public places in the county where the auction will be held. The handbills must be at least 8.5 x 11 inches in size and must include: a full description of the vehicle, including VIN, year, make and model; why it is being sold at public auction; the amount due; and the time, date and location of sale. A copy of the handbill must be included. Location of handbills must include a street address (i.e., 123 Main St., Belen, NM, 87104). Multiple vehicles may be placed on the same handbill.
· Newspaper - an advertisement in a newspaper of general publication in the county where the auction will be held. The ad must be published at least one day a week for two consecutive weeks. The ad must include: a full description of the vehicle, including VIN, year, make and model; why it is being sold at public auction; the amount due; and the time, date and location of sale. A copy of the newspaper's bill/invoice or certification by the newspaper of publication of the ad must be included together with a copy of the ad.
8. Date of auction (part of Affidavit or Resale form, MVD-10059)
§ NM registered vehicles options
· The date of the auction must be at least 44 days after the certified mail receipt date.
o Mail receipt date; date on certified mail receipt ________________
o Auction date _____________
· The date of the auction must be at least 34 days after handbill posting date.
o Handbill posting date ________________
o Auction date _________________
· The date of the auction must be at least 34 days after the last date of publication of the advertisement.
o Publication date ______________
o Auction date _______________
§ Out-of-state registered vehicles
· The date of the auction may not be less than 70 days from the mailing date indicated on the certified mail receipt.
o Certified mail receipt date _____________
o Auction date ________________
§ “No record” vehicles
· The auction must be advertised in a newspaper of general publication and the date of sale must be at least 60 days from the date of the second newspaper publication.
o Date of second newspaper publication ________________
o Auction date ___________________
9. Affidavit of Resale form MVD-10059
10. Affidavit of VIN Inspection form MVD-10861
11. Title application
12. NCIC stolen vehicle check, completed within past 30 days
§ Will be done by MVD at time of title application.
§ If the claimant (towing company) is selling the vehicle, the buyer must pay tax, title and registration fees.
§ If the claimant is titling in its own name, no excise tax is due, but title (or title and registration) fees apply.