RES 97088 - Laserfiche WebLink

Cal Civ Code @ 3071 (1996) (2) The person has a right to a hearing in court. (3) If a hearing in co~ is desired, a Declaration of Opposition form, signed under penalty of paz~ury, shall be signed and returned to the depament within 10 days of the date that the notice required pursuant to subdivision (b) _was mailed- (4) If the Declaration of Opposition form is signed and returned to the department, the lienholder shall be allowed to sell the vehicle onl~ if he or she obtains a court judgment or if he or she obtains a subsequent release from the declarant or if the declarant cannot be served as described in subdivision (e), (5) If a court a~ion is filed, the declarant shall be notified of the lawsuit at the ad~ess sho-~n on the Declaration of Opposition form and may appear to contest the claim. (6) The person may be liable for cou.-~. costs if a judgment is entered in favor of the lienholder. (d) If the dependent receives the Declaration of Opposition form in the time specified, the depa_-=m. enZ shall notify =he lienholder within 16 days of the receipt of the fo_-~. that a lien s--!e sh=_!! not be conducted unless the !ienhc!der files an action in court wi-_kin 30 days of the depar=ment's notice under this subdivision. A lien sale of =he vehicle shall not be conducted unless judgment is s'~se_~uent!y en-_ered in favor of the lienholder or the dec!arant subse.~uenz!y releases his or her intotea-_ in the vehicle. if a money judgment is entered in favor of ~he !ienhc!der and the judgment is no~ paid within five days af-_er becomin~ final, then ~he jud._-m..ent may be enforced by lien sale proceedings conducted pursuant ~o subdivision (f) . (e) Service on the dec!~_rant in person or by certified mail wiTCh return receipt re.~ueszed, signed by the dec!arant or an authorized agent of the dec!arant aZ the ad~_resB shown on the Declaration of Opposition form, shall be effective for the serving of process. If ~he lienho!-~er has served rLne declatent by certified mail az r_he address sho~m on the Dec!arazion of Opposition form and the mail has been returned unclaimed, or if the lienhc!der has attempted to effect service on the dec!arena in person with a marshal, sheriff, or licensed process server and -.he marshal, sheriff, or licensed process server has been unable to effec~ service on the 'dec!arena, the lienholder may proceed with the judicial proceeding or proceed with the lien sale without a judicial proceeding. The lienholder shall notify the Deparaent of Motor Vehicles of the inability to effect service on the dec!arant ~nd shall provide the Department of Motor Vehicles with a copy of the documents with which service on the declatent was attempted. Upon receipt of the notification of unsuccessful service, the Department of Motor ~ehic!es shall send authorization of the sale to the lieD_holder and send notification of the authorization to the declatent, (f) Upon receipt of authorization to conduct the lien sale from the department, the lienholder shall immediately do all of the following: (1) At least five days, but not more ~_han 20 days, prior to the lien sale, not counting ~_he day of the sale, give notice of the sale by advertising once i: a newspaper of general circulation published in the county in which the vehicl: _ is located. If there is no newspaper published in the county, notice shall be lax. code