Fill and Sign the 42 91a Lien on Certain Personal Property for Service Thereon Form

INSTRUCTIONS FOR FILING A GARAGEKEEPER’S LIEN TITLE 25 Del.C. Sections 3901-3910 I. OBTAIN THE NAMES AND ADDRESSES OF ALL OWNERS AND OTHER PARTIES WITH AN INTEREST IN THE PROPERTY. A. For a motor vehicle. 1. Obtain a statement for each vehicle from the Division of Motor Vehicles, P.O. Box 698, Dover, DE 19901 by referencing the Vehicle Identification Number (VIN). This will list the last registered owner of the vehicle and any outstanding liens. Lien certificates must be obtained not more than 120 days prior to filing with the Court. 2. Contact the Delaware State Police Auto Theft Unit to obtain a report for each vehicle. Auto theft reports must be obtained not more than 120 days prior to filing with the Court. 3. If there is no record of ownership of the vehicle in Delaware, and the vehicle does not have a tag, that information must be included on the application. If the vehicle has a tag from a state other than Delaware, obtain a statement of ownership or lien certificate from the Division of Motor Vehicles of that state. B. For other property. 1. If the property is of a type for which registration of ownership is required by law, the appropriate agency must be checked for ownership. 2. If the property is of a type for which liens or other interests must be filed to be effective, the appropriate agency must be checked for liens. II. FILL OUT THE GARAGEKEEPER’S PACKET. A. Obtain a Form 50 for the individual signing the application, authorizing him/her to represent an artificial entity. B. One packet should be filled out for each item of property. C. The Court must be provided with an envelope addressed to the owner and any other parties with an interest in the property. Green cards and white slips must be included. Follow the instructions below in filling out the application. D. Instructions for filling out an “Application to Conduct a Lien Sale,” Form No. 40: 1. DESCRIPTION OF THE PROPERTY. Give a complete description of the property including any applicable identification numbers. (For a motor vehicle, give the make, year, model, VIN number and tag number, if available.) 2. APPLICANT IS. State the category listed under 25 Del.C. §3901 which applies to the applicant (e.g., hotelkeeper, innkeeper, garage owner, auction service, other person who keeps a livery, boarding stable, garage, airport, marina or other establishment – see §3901 for further information). 3. BASIS FOR CLAIM. a. Ground for claim. State whether the claim is for repairs, towing, storage, boarding, etc. If the claim is for more than one service, list all applicable services upon which the claim is based. b. How applicant obtained property. Briefly state how you obtained the property. For example, did the owner bring the property to you for repairs? Did you tow the property for a third person? c. Date applicant obtained property. State the day, month, and year on which you received the property in your possession. d. From whom applicant obtained the property. Give the name and address of the person with whom you directly dealt in obtaining the property. For example, the person who brought the property in for repairs or the person who requested that you tow the property. 4. AMOUNT OF CLAIM. State the dollar amount of the claim. If the claim is based on more than one ground, e.g., both repairs and storage, indicate the amount of the claim which is for each ground. Claims should be for a commercially reasonable amount. The amount charged per day should be listed if the claim is for storage or boarding. 5. OTHER PARTIES WITH AN INTEREST IN THE PROPERTY. You should list all persons with any other form of interest (such as a security interest or lienholder) in the property. A reasonable effort to locate the names and addresses of all parties with an interest in the property is required. This includes checking with the appropriate agency for any property for which liens or other interests must be filed to be effective. If the property is a motor vehicle, a certificate of lien must be attached. If the motor vehicle is not registered in Delaware (or if Delaware has no record of ownership of other property for which registration of ownership is required), property liens must be checked along with ownership in any other state which the Court has required you to check. 6. DESCRIBE ATTEMPTS TO LOCATE. If you have been unable to locate the owner/other parties with an interest in the property, describe all efforts which you have made to locate the name and address of such persons. You must certify here that you have checked for owners and other parties with an interest in the property in all states with which the Court required you to check. Copies of any requests for information and/or information received should be attached. If the property is a motor vehicle and does not have a tag, include that information in this section. You must also search the vehicle, including the glove compartment, for any information on the owner when the lien certificate indicates that the owner is unknown. 7. NOTIFICATION. All letters or bills which you have sent or given to the owner(s) and other parties with an interest in the property and the date you sent or gave the letters or bills must be listed. A copy of the letters or bills and an affidavit or other proof of mailing or receipt must be attached. If you have an unknown owner, the tow slip must be attached. 8. PLACE, DATE AND TIME OF SALE. You must enter the address for the sale. The sale should be held at the location of the vehicle. The Court will set the sale date for approximately 60 days from the date the Court processes the application. The sale time will be set for 10:00 a.m. E. CHECKLIST FOR DOCUMENTS TO BE ATTACHED TO APPLICATION. 1. A copy of any work order(s), including tow slip(s) and repair invoices. 2. A copy of any demand letter(s) made to the registered owner and any other lienholder of the property, including the letter indicating that the garagekeeper has possession of the property. 3. An affidavit or other proof of mailing of the demand letter. 4. A lien certificate obtained from the Delaware Division of Motor Vehicles, dated no more than 120 days prior to filing with the Court, for each vehicle exhibiting a Delaware tag or no tag. 5. A lien certificate or statement of ownership from the Division of Motor Vehicles from the corresponding state, dated no more than 120 days prior to filing with the Court, for each vehicle exhibiting a tag from a state other than Delaware. 6. A report from the Delaware State Police Auto Theft Unit, dated no more than 120 days prior to filing with the Court. 7. A copy of the Form 50. Finally, you should sign the application in front of a notary or court official. III. RECEIPT OF GARAGEKEEPER’S LIEN APPLICATION BY THE PARTIES. A. UNCLAIMED OR REFUSED WHEN PROPERTY IS NOT A MOTOR VEHICLE. If the notice to conduct a garagekeeper’s lien sale is returned to the Court from either the registered owner or the lienholder marked by the post office as “Unclaimed” or “Refused”, the Court will re-send the notice by 1 st class mail with a certificate of mailing. B. IF ADDRESS IS BAD. If the application to conduct a lien sale is returned to the Court from either the registered owner or the lienholder with notification from the post office that the notice is undeliverable, and a subsequent search cannot locate the party, an additional affidavit must be submitted to the Court outlining other steps taken to secure a good address. C. IF SALE DATE MUST BE CHANGED. If the sale date must be changed from the original sale date listed in the notice(s) to the registered owner and any other lienholder of the property, the interested party or parties must be re-noticed of the new sale date. The Court will re-send the notice(s), which will consist of the “Application to Conduct a Lien Sale,” the “Garagekeeper’s Notice of Sale” and the “Answer to Garagekeeper’s Claim.” IV. PROVIDE NOTICE OF THE SALE. A. At least 15 days prior to the sale, you must advertise the sale for at least one day in a newspaper published or circulated in the county in which the sale is to be held. The advertisement must contain a description of the property including any applicable identification information and the date, time, and location of the sale. In the case of a motor vehicle, the advertisement must include the make, model, year and VIN. You must request that the newspaper mail you an affidavit referencing the advertisement. The original affidavit should be filed with the Court at least 5 days prior to the sale, and must include an original copy of the advertisement. B. A signed handbill must be posted in five or more public places at least 15 days prior to the sale. The court must be provided with a copy of the handbill along with a list of the posting locations 5 days prior to the sale. V. FILE PROOFS OF PUBLICATION WITH THE COURT. Include court case numbers for property listed in the advertisement. An “Authorization for Garagekeeper’s Sale,” Form No. 43, cannot be furnished until all of the above conditions have been met. THE SALE CANNOT GO FORWARD WITHOUT THIS AUTHORIZATION FORM. A “Disposition of Proceeds,” Form No. 44 (which you complete to tell the Court how you have disbursed the proceeds of the sale) will be issued to you when you receive the authorization form from the Court. VI. FILE THE DISPOSITION OF PROCEEDS FORM. A notarized original of the disposition of proceeds sale, plus one copy, must be filed with the Court within 10 days following the sale. VII. IF THE PROPERTY IS A MOTOR VEHICLE, RECONTACT THE AUTO THEFT UNIT TO OBTAIN A NEW FORM MV-214. The “Authorization for Garagekeeper’s Sale,” Form No. 43, should be taken to the Auto Theft Unit to receive a Form MV-214. This will notarize that the motor vehicle sold is the same vehicle the authorization was issued for. The Form MV-214 should be taken to the Division of Motor Vehicles with the “Authorization for Garagekeeper’s Sale,” Form No. 43 and the “Disposition of Proceeds,” Form No. 44, so that a clear title may be issued.