TITLE 49

MOTOR VEHICLES

CHAPTER 17

LABOR AND MATERIAL LIENS

49-1709.  Disposition of proceeds. (1) The proceeds of a lien sale shall be disbursed as follows:

(a)  To discharge the lien; then to actual costs of selling the property. The cost of selling shall be the actual cost, not to exceed seventy-five dollars ($75.00), for each vehicle;

(b)  The balance, if any, shall be forwarded to the department within five (5) days of the sale for payment to the legal owner of any unpaid obligation or for deposit in the abandoned vehicle trust account.

(2)  Any person claiming an interest in the vehicle may file a claim with the department for any portion of the funds from the lien sale which were forwarded to the department. Upon determination of the department that the claimant is entitled to some amount, the department shall pay an amount which in no case shall exceed the amount forwarded to the department in connection with the sale of the vehicle. The department shall not honor any claim not filed within two (2) years of the sale.

History:

[49-1709, added 1988, ch. 265, sec. 416, p. 793.]