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Lost Vehicle Service Contract Affidavit Forms document sample
Lost Vehicle Service Contract Affidavit Forms document sample
STATE OF ALASKA DIVISION OF MOTOR VEHICLES NOTIFICATION OF IMPOUNDMENT AND SALE Alaska Statute Sec. 28.10.502. Towing and storage lien. a) A person engaged in the business of towing motor vehicles, who tows, transports or stores a motor vehicle, has a possessory lien on the vehicle. This lien attaches when the person acts under a contract with the owner or at the direction of a public officer acting lawfully or a person entitled to possession of the property upon which the motor vehicle is parked without consent. The lien remains in effect while the motor vehicle is in the possession of the person, and the vehicle may be sold, as provided in (c) of this section, to pay the charges for towing, transportation or storage. b) A lien under this section is limited to towing and storage charges and associated mailing fees. Unless a vehicle has already been reclaimed by the owner, the person possessing the vehicle under this section shall notify the registered owner and primary lienholder, if any, of the towing, transporting, or storage of the vehicle, by certified letter, return receipt requested, mailed to the registered owner and primary lienholder, if any, within seven working days after the initial towing, transporting, or storage of the vehicle. The letter shall be sent to the addresses on record of the registered owner and primary lienholder, if any, on file with the department or the corresponding office in another jurisdiction in which the title to the motor vehicle and the lien on it are recorded. Storage charges cease to be part of the lien after 60 days unless the registered owner or primary lienholder, if any, has been given actual notice of the possessory lien within that time or unless the certified letter has been mailed within the time required in this subsection. c) If the motor vehicle remains unclaimed for a period of 30 days in the possession of the person who performed the towing, transportation or storage, it shall be sold on giving 20 days notice of the sale. The notice shall be delivered to the proper officer and personally served on the registered owner and all lienholders, if any, of the motor vehicle in the same manner as provided by law for service of summons. If either of these persons cannot be located and served personally, notice of the sale shall be forwarded to the registered owner and all lienholders, if any, at their last known address by certified mail, return receipt requested. This notice shall contain a description of the motor vehicle, including its registration plate number and vehicle identification number, together with the time and place of sale, a statement of the amount due, and the name and address of the person to whom the charges are due. d) The money realized from a sale made under this section shall be applied first to the payment of costs and expenses of the sale and secondly to the lawful charges of the person having a lien on the motor vehicle under this section. Remaining proceeds from the sale shall be retained by the State of Alaska, Division of Motor Vehicles to be distributed to the registered and legal owner or lienholder entitled to the remaining proceeds. A purchaser in good faith of a titled motor vehicle sold under this section takes the motor vehicle free of any rights or prior lien. (§ 21 ch 178 SLA 1978; am § 42 ch 37 SLA 1986) Alaska laws are available at public libraries, over the Internet, or at any attorney office. The Division cannot provide legal interpretation to any person. Form 826 provides the procedures, notification, and “Notice of Sale at Public Auction” required to transfer vehicle title in accordance with the above-stated Alaska Statute. Form 826 (Rev. 06/30/2010) Alaska.gov/dmv STATE OF ALASKA - DIVISION OF MOTOR VEHICLES NOTIFICATION OF IMPOUNDMENT AND SALE License Plate Number State Serial Number (VIN) Year Make Model Body Style Color Registered Owner Address of Registered Owner City/State/Zip Lienholder Address of Lienholder City/State/Zip I, do hereby swear under penalty of law: (Print Name of Individual. If Applicable, Provide Corporation/Company and Your Title.) I am the person, corporation, or company who is in possession of the described vehicle. I towed and stored the vehicle described above at the request of: (Print Name of Individual. If Applicable, Provide Business or Government Agency Name and Title.) Reasonable charges are due upon such towing and storage which have not been paid in full. The notice of public sale was sent to the registered vehicle owner at their last known place of residence and to the lienholder of record by certified mail. I can produce evidence of such if requested by the Division of Motor Vehicles or by a law enforcement agency. I sold the vehicle at public sale and have applied the proceeds of the sale: first, to the expenses of the sale; second, to the discharge of my lien; third, to the lienholder of record, as shown on the records of the Division of Motor Vehicles; fourth, to the registered owner of the vehicle. If the lienholder and/or registered owner cannot be located, any remaining funds are to be turned over to DMV. Mail a copy of this form and any remaining funds to: DMV Fiscal, 1300 W. Benson Blvd. Ste. 400, Anchorage AK 99503-3692. I have, in addition to the above, understood and complied with every applicable requirement set forth in AS 28.10.502. I assume full responsibility for any liability brought against the State of Alaska, Division of Motor Vehicles, in the event of litigation arising from any sale of this vehicle and subsequent issuance of title to the vehicle. I AM AWARE THAT IF ANY STATEMENT WITHIN THIS AFFIDAVIT IS FALSE, I MAY BE PROSECUTED PURSUANT TO ALASKA STATUTES AND REGULATIONS. I state that the odometer now reads __________________ (no tenths) miles and to the best of my knowledge that it reflects the actual mileage of the vehicle described herein unless one of the following statements is checked: _____ I hereby certify that to the best of my knowledge the odometer reading reflects the amount of mileage in excess of it’s mechanical limits. _____ I hereby certify that the odometer reading is NOT the actual mileage. WARNING - - ODOMETER DISCREPANCY. Subscribed and Sworn To before me this day of , 20 Signature Address Notary or DMV Representative (AMVC & Office Location) My Commission Expires: City/State/Zip Telephone Number NOTICE OF SALE AT PUBLIC AUCTION In accordance with provisions of AS 28.10.502, the vehicle described above was sold at public sale to the buyer shown below: Printed Name of Buyer Signature of Buyer Address of Buyer City/State/Zip Location of Sale Date of Sale Cash Payment Amount Printed Name of Seller Signature of Seller After printing, please check carefully. Form 826 (Rev. 06/30/2010) Alaska.gov/dmv Form MUST be signed in front of a Notary or DMV Representative.
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