A Storage-Repair Lien is available to residents of Nebraska who have, either by written or verbal agreement with the titled owner of a vehicle, performed work on or agreed to store a vehicle and have been unable to collect the fees owed.
To obtain a Storage-Repair Lien, the following procedures must be followed:
- The vehicle must have been in your possession for a minimum of ninety (90) days. If you are no longer in possession of the vehicle, refer to Artisan’s Lien.
- You must submit an Application for Copy of Vehicle Record to the Nebraska Department of Motor Vehicles to verify that a current Nebraska Certificate of Title exists on the vehicle, the name of the titled owner, and to establish if there are any open liens. If the vehicle is currently titled in another state, you will need to contact that state to determine appropriate procedures to satisfy your claim.
After you have received the vehicle information from the DMV, you must send a written notice to the titled owner and the last known owner of the vehicle advising them of your intent to sell the vehicle thirty (30) days after the date of the notice (the date on the receipt provided to you by the Post Office when the certified letter is mailed) to obtain compensation for any outstanding fees due. The vehicle must be described in detail within the letter including, Vehicle Identification Number, Make and Model. The notification letter must be sent by certified mail, return receipt requested.
If the vehicle is titled and/or registered in another state, the vehicle record request must be forwarded to that state. (Note: Because the vehicle was last titled in another state a Vehicle Inspection is required.)
If the vehicle information received from the DMV indicates that there is an open lien on the vehicle, the lienholder must be notified by certified mail, return receipt requested. If the lienholder does not respond or retrieve the vehicle within thirty (30) days, the lien is released at the time of title issuance.
Once you have received the return receipt from the notice sent to the titled owner of the vehicle, you must wait thirty (30) days from the date of notification for any fees owed to be paid. After that time, you must sell the vehicle to satisfy your claim. The vehicle may not be retained for your personal use.
When you have sold the vehicle, you must provide to the new owner a notarized Bill of Sale, the receipt(s) from the certified letter(s) or the returned, unopened letter(s), an Odometer Disclosure Statement and copies of the notices sent to the titled owner and lienholder, if applicable. The buyer presents these to the designated county official to obtain a title in their name.
The proceeds from the sale are intended to satisfy the lien, including any reasonable charges of notice, advertising and sale. Any money obtained from the sale of the vehicle that exceeds the fees owed to you, must be used to satisfy the obligations secured by the lien or security interest of any lienholder of record (if applicable). The balance, if any, shall be surrendered to the county treasurer in the county in which the sale occurred.
The county treasurer will then hold the money for five years. If the original owner, or any lien or security interest holder of record whose lien or security interest has not previously been satisfied, contacts the county treasurer and provides satisfactory evidence of ownership of the vehicle, or satisfactory evidence of the lien or security interest, the money will be turned over to such owner or lienholder.
Questions regarding Storage-Repair Liens may be addressed by email or by phone at (402) 471-3918.