Lien Holder & Repossession Information
A lien holder may be a motor vehicle dealer, bank, credit union or acceptance corporation or any other licensed financial institution legally operating in this state or is another person who is not the owner and who holds a security interest in the vehcile. Lien holders must meet the requirements of Arizona Revised Statutes (A.R.S.) 28-3512.D, E, F and G. The lien holder must have been listed as the lien holder on the MVD record at the time of the tow or impound in order to be granted a release. The lien must still in force in order for the lien holder to qualify.
REQUIRED INFORMATION / DOCUMENTS:
- A notarized "Repossession Affidavit" from the Arizona Motor Vehicle Division (Click here for Repossession Affidavit fillable form)
- A notarized "Power of Attorney" to a company representative or repossession agent with a valid driver's license from their state of domicile. (Click here for Power of Attorney/Hold Harmless form)
- A notarized "Hold Harmless" letter which in affect states that the lien holder will hold the Scottsdale Police Department harmless from any civil actions as a result of the release of the vehicl.e The "Hold Harmless" must include:
- the debtor's name,
- the last four digits of the VIN
- and the vehicle year, make, model and VIN
- (Click here for Power of Attorney/Hold Harmless form)
$150 money order or cashier's check made payable to the City of Scottsdale. NO OTHER
FORM OF PAYMENT CAN BE ACCEPTED.
- In lieu of the affidavit from the Motor Vehicle Division or Power of Attorney, the lien holder may present a "Writ of Replevin" from any court. A "Writ of Replevin" is a court order to reposses property and must list the vehicle's description including the VIN.
- In all circumstances, if the vehicle is being released early (prior to 30th day of the impound), the "hold harmless" letter must also contain a paragraph containing the following information:
"In accordance with the provisions of ARS §28-3511 and ARS §28-3512, (name of lien holder) agrees not to release the vehicle to the current registered owner of the vehicle if they were the driver at the time of the impoundment. We understand that if we do give this vehicle to this individual prior to the 30th day, we will face legal sanctions. We further understand that in accordance with the provisions of ARS §28-3512, the Scottsdale Police Department agrees to release the listed vehicle upon payment of all charges and fees with the understanding that if [in the future] the authorized party (lien holder) allows an unlicensed driver or a driver who is arrested for ARS §4-244 (Minor Consuming Alcohol), §28-1382 (Extreme DUI) or §28-1383 (Aggravated DUI) within one year from the signing of this Agreement, then the vehicle shall not be eligible for release from future impoundment before the end of a 30 day period."
ALL DOCUMENTS MUST BE NOTARIZED ORIGINAL, NO COPIES WILL BE ACCEPTED.
RECORDS RETENTION REQUIREMENTS FOR LIEN HOLDERS:
(New Law effective September 19, 2007)
Before a LIEN HOLDER releases the vehicle to the owner who was operating the vehicle at the time of removal and immobilization or impoundment, the LIEN HOLDER shall require the owner to present and shall retain for a period of at least three years from the date of releasing the vehicle a copy of all of the following:
- A driver license issued by this state or the owner's or owner's agent's state of domicile.
- A current vehicle registration or a valid salvage or dismantle certificate of title.
- Evidence that the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title.
- The LIEN HOLDER may require the owner to pay charges that the person incurred in connection with obtaining custody of the vehicle, including all immobilization, towing and storage charges that are related to the immobilization or impoundment of the vehicle and any administrative charges that are established pursuant to section 28-3513