RES 97088 - Laserfiche WebLink

Cal Civ Code @ 3072 (1996) (B) The person has a right to a hearing in court. (C) If a court hear~_ng is desired, a Declaration of Opposition form, signed under penalty of perjury, shall be signed and returned to =he depar'~ment within 10 days of ~he date the Notice of Pending Lien Sale form was mailed. " (D) If the Declaration of Opposition form is signed and returned, the lienholder shall be allowed to sell the vehicle only if he or she obtains a court juanmoot or if he or she obtains a subsequent release ~rom the declarant or ~f the dec!arant cannot be served as described in subdivision (e) - (E) If a court action is filed, the declatent shall be notified of the lawsuit at the address shown on the Declaration of Opposition form and may appear to contest the claim. (F) The person may be liable for co~ costs if a judgment is entered in favor of the lienholder. (d) If t~he department receives the comp!ezed Declaration of Oppositioh form ~:iZhin the t~_me specified, the deparaent shall notify the lienholder within 16 days that a lien sale shall not be conducted unless the lienholder files an action in cod_-% ~-i~hin 30 days of ~he notice and judgment is subsequently entered in favor of the lienhc!der or the dec!arant subse.uuenzly releases his or her interest = the vehicle. ~.~ a money ju-4~menZ is entered in favor of the lienholder and -~he judgment is not paid ~'i-~.in five days after becoming final, =hen the jud_c~-ent may be enforced by' lien sale proceedings conducted pursuant to subdivision (f) o .,, (e) Sen:ice on %i.~e dec!arena in person or by certified mail with return receipt re?uaszed, signed by the dec!arant or an authorized agent of the declaran-- at ~he address sho~m on the Declaration of Opposition form, shall be effective for -_he serving of process. if the lienholder has served the declatent by certified mail a= Zlne add_jess sho'~n on the Dec!araZion of Opposition form and the mail has been reuurned unclaimed, or if the lienholder has attempted to effect sen'ice on ~he dec!arena in person ~-i~h a marshal, sheriff, or licensed process sender and the marshal, sheriff, or licensed process server has been ~nable =o effec~ service on Tjne dec!arant, the lienholder may proceed ~'ith the judicial proceeding or proceed ~'ith the lien sale without a judicial proceeding. The lienholder shall notify the Depar-aenz of Motor ~;ehicles of the inability to effec~ service on the dec!arant 'and shall provide The Department of Motor Vehicles wi~h a copy of the documents ~'ith which service on the declatent was attempted. Upon receipt of the notification of unsuccessful service, the Department of Motor Vehicles shall send authorization of the sale to the lienholder ~nd shall send notification of ~he authorization to the declaran~o (f) At least !0 consecutive days prior to and including the day of the ~ale, the lienholder shall post a Notice of Pending Lien Sale form in a conspicuous place on the premises of the bueiness office of the lienholder and if the pending li~n sale is scheduled to occur at a place other than the premises of the business office of the lienholder, at the site of the forthcoming sale. The Notice of Pending Lien Sale fo~--m shall sta~e the specific date and exact time of the sale and description of the vehicle, including the make, year model, identification number, license number, and state of registration- For motorcycles, the engine number shall also be included. The notice of sale shall ,, remain posted until the sale is completed. lex.code