A vehicle parked in a restricted parking lot without proper authorization is subject to towing at the request of the owner or tenant from whom parking permission should have been obtained.
The restricted parking lot must have signs readily visible stating the parking lot restrictions, the hours for restricted parking and who to contact for information regarding a towed vehicle.
Once the vehicle has been towed, the tower is required to notify local law enforcement within twenty-four (24) hours of the license number of the vehicle and every thirty (30) days thereafter while the vehicle is in the tower's possession.
If, after a minimum of ninety (90) days, the vehicle remains unclaimed and still in the tower's possession, the tower may proceed with a Storage-Repair Lien to recover any 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 prior to offering it for sale and you must produce proof that law enforcement was notified in the first twenty-four (24) hours and every thirty (30) days thereafter.
- 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, to determine 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 last known owner of the vehicle advising them of your intent to sell the vehicle to obtain compensation for any outstanding fees due. The notice must include: the make, model, color, year and vehicle identification number of the vehicle; the name, address and telephone number of the person who towed the vehicle; the date of towing; the daily storage fee and the storage fee accrued as of the date of the notification (the date on the receipt provided to you by the Post Office when the certified letter is mailed); and, a statement that the vehicle is subject to lien and disposition by sale or other manner ninety (90) days after the date of towing. The notification letter must be sent by certified mail, return receipt requested. The letter must be dated within fifteen (15) days of the date of the vehicle being towed.
- 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 within fifteen (15) days of the tow. The notice must include the same information outlined above. If the lienholder does not respond within thirty (30) days from the date of notification:
- when the lienholder is a non-participating lender, the lien is released;
- when the lienholder is a participating lender, the lien is carried forward to the subsequent title until it is electronically released by the lienholder.
- 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 on the notification letter for any fees owed to be paid. After that time, you must sell the vehicle to satisfy your claim.
- 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), an Odometer Disclosure Statement and copies of the notices sent to the titled owner and lienholder, if applicable. The buyer then presents these to the County Treasurer to obtain a title in their name.
- All liens existing against the previous title must be recorded on the new title in the same order of priority unless released by the lienholder. The individual in possession of the vehicle is required to provide lienholder information to the new owner for disclosure to the County Treasurer when applying for the Certificate of Title.
- If the vehicle is titled and/or registered in another state, the vehicle record request must be forwarded to that state and you must attempt to have the title issued there. A Nebraska Certificate of Title will be issued if a letter of denial from the state where the vehicle is currently titled and/or registered is submitted to the County Official, along with all other appropriate documentation and necessary fees
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 surrendered to the County Treasurer in the county in which the sale occurred.
The County Treasurer will hold such money for a period of five years. If the original vehicle owner or any lien or security interest holder of record contacts the County Treasurer and provides satisfactory evidence of the ownership of the vehicle, or satisfactory evidence of the lien or security interest, the money will be turned over the owner or lienholder. If the money is unclaimed at the end of the five years, the money will be appropriated to the support of the schools.
Abandoned vehicles ordered towed by Law Enforcement do not qualify for titles under Vehicles Towed from Private Property. Certificates of Title for abandoned motor vehicles can be obtained only by the Law Enforcement agency that ordered the vehicle towed. For additional information on Abandoned Vehicles, please refer to Abandoned Vehicles.
If a vehicle has been left after storage or repair work has been completed, please refer to Storage-Repair Lien.
Questions regarding Vehicles Towed From Private Property may be addressed by email or by phone at (402) 471-3918.