Section 12 of 38
Chapter 11: Transfers
11.005 Attachment Sales
Chapter 11 Transfers
11.005 Attachment Sales (VC §5909)
For a constable’s, sheriff’s, marshal’s, or other attachment sale, the attachment against the registered owner does not affect the interest of the legal owner (lienholder) and the attachment against the lienholder does not affect the interest of the registered owner. In addition to the basic transfer, nonresident vehicle, or miscellaneous original registration requirements, the following must be submitted:
- If available, the California Certificate of Title or nonresident title released by the lienholder, if other than the judgment debtor.
- If evidence of mailing to the lien holder is submitted and the lienholder has not responded within 30 days, a Statement of Facts (REG 256) form may be submitted in lieu of the lienholder’s release.
- The original or a certified copy of the Certificate of Sale issued by the attaching officer which contains the name and address of the purchaser, the vehicle identification number (VIN) and make, the names of the creditor or defendant (this name must match DMV’s record), the plaintiff, and the defendant.
- A Verification of Vehicle (REG 31) form if there is not a prior California vehicle record.
When a U.S. Government Form Standard 97 is the attachment document, it disposes of both the registered and lienholder’s equity.
- All applicable fees due.
- The release of the registered owner on the title is not required. In lieu of registered owner’s signature, “Clearing VC §5909” must be written on the title.