Towing and Storage Lien
Statutory Requirements of KRS 376.275, KRS 424.130 & OAG 66-369:
- This lien is only applicable when a motor vehicle is involuntarily towed. The towing business shall attempt to ascertain from the Transportation Cabinet the identity of the registered owner, and within 10 business days of the tow shall, by certified mail, notify the registered owner of the requirements to release the motor vehicle.
- When the towing company or the owner of the facility fails to provide notice as required in section 1, the motor vehicle storage facility shall forfeit all storage fees accrued after the 10 business days from the date of tow.
- If, after a period of 45 days, the reasonable or agreed charges for storage or towing of the motor vehicle have not been paid, the motor vehicle may be sold to pay for the charges.
- The proposed sale notice shall be sent by certified mail, return receipt requested or by registered mail to the owner of the vehicle and to any other person known to have any interest in the vehicle. The notice shall be sent at least ten (10) days prior to the date of the sale.
- An advertisement of the vehicle sale shall be published in a local newspaper once a week for three (3) consecutive weeks. The advertisement shall include the vehicle model year, make, vehicle identification number, name of owner(s) and lien holder(s), and the name, address, and phone number of the towing or storage facility.
- A Towing and Storage lien created by KRS 376.275 shall be subject to prior recorded liens.
In compliance with the statutory requirements above, the following documents are required from the purchaser of a vehicle sold under a Towing and Storage lien when applying for a title:
- An Affidavit of Motor Vehicle Sale (TC96-159) completed by the seller.
- A Bill of Sale from the towing and storage facility listing the vehicle's year, make, and VIN.
- Application for Title and Registration (TC96-182)
- The towing and storage company completes the seller/transferor section
- The buyer completes the buyer/transferee section
- Any prior recorded lien must be released by the lienholder(s)
- Affidavit of publication from the newspaper affirming that the advertisements were published in compliance with KRS 424.170. Attach a copy of the advertisement.
The certified mail receipt (green/white slip) and the return receipt (green postcard) from each certified letter.
Sheriff's inspection is required if the vehicle is from out-of-state or not currently titled in Kentucky.
To print any of the forms listed above, visit: http://mvl.ky.gov/MVLWeb/