How to Put a Lien on a Vehicle in California: Filing and Release

To put a lien on a vehicle in California, you file paperwork with the DMV that gets your name onto the vehicle’s title as legal owner or lienholder. Under California Vehicle Code section 6300, a security interest in a registered vehicle is not perfected until the secured party’s documents are deposited with the DMV and the title reflects the secured party as legal owner.1California Legislative Information. California Vehicle Code VEH 6300 Which forms you file, and what you have to do before filing, depends on whether your claim comes from a loan, a court judgment, or unpaid repair or storage charges.

Start by Identifying Which Type of Lien You Have

California recognizes two broad categories of vehicle liens, and the paperwork forks here.

A voluntary lien, called a security interest, is one the owner agreed to when borrowing money against the vehicle. The lender holds the title as legal owner until the loan is repaid. This is the ordinary car-loan situation.

Involuntary liens are imposed without the owner’s consent. Two show up most often:

  • A judgment lien, created after a court awards a money judgment against the vehicle owner and the creditor moves to attach it to the car.
  • A mechanic’s or storage lien, granted to a repair shop, towing company, or storage facility that performed work or held a vehicle and was not paid.2California Department of Motor Vehicles. Vehicle Industry Registration Procedures Manual – Liens

Pick your category before you touch a form. The rest of this article follows those three paths.

Recording a Security Interest From a Loan

If you are a lender financing a purchase or refinancing an existing loan, you need your name on the title as legal owner. Section 6300 requires you to deposit a properly endorsed certificate of ownership with the DMV showing the secured party as the legal owner.1California Legislative Information. California Vehicle Code VEH 6300 Until that step is complete the security interest is not perfected, and an unperfected lien may not hold up against other creditors.

The core form is the Application for Replacement or Transfer of Title, REG 227. It has to be completed by the legal owner or lienholder of record and submitted with the replacement fee.3California Department of Motor Vehicles. Vehicle Industry Registration Procedures Manual – Application for Duplicate or Transfer of Title REG 227 You’ll need the full legal names and addresses of both the registered owner and the lienholder, the vehicle identification number, the date of the security agreement, and the lien amount.

California also operates an Electronic Lien and Title (ELT) program. Under ELT the DMV creates an electronic ownership record instead of issuing a paper title to the lienholder, and it perfects the lien when the registration and titling documents are submitted and processed, then sends the lienholder an electronic notification.4California Department of Motor Vehicles. Electronic Lien and Titling Program Most institutional lenders participate, so if you’re a dealership or bank, check whether your organization is enrolled before mailing paper.

Before the borrower signs the loan, the federal Truth in Lending Act requires you to provide a completed disclosure showing the annual percentage rate, finance charges, total of payments, monthly payment amount, and whether a prepayment penalty applies.5Consumer Financial Protection Bureau. What Is a Truth-in-Lending Disclosure for an Auto Loan? A blank form does not satisfy the requirement, and skipping it can give the borrower grounds to challenge the loan.

Recording a Judgment Lien

If you’ve already won a money judgment, you attach it to the debtor’s vehicle by first getting a certified Abstract of Judgment from the court clerk. California Code of Civil Procedure section 674 dictates what the abstract must contain:6California Legislative Information. California Code of Civil Procedure 674

  • The name of the court, the case number, and the date the judgment was entered.
  • The name and address of the judgment creditor, and the name and last known address of the judgment debtor.
  • The total amount of the judgment as entered or last renewed.
  • The last four digits of the debtor’s Social Security number and driver’s license number, if known; if either is unknown, the abstract must say so.
  • Whether a court-ordered stay of enforcement is in effect and when it ends.

The Judicial Council’s mandatory form is the EJ-001, Abstract of Judgment—Civil and Small Claims.7Judicial Council of California. Abstract of Judgment – Civil and Small Claims Once the clerk certifies it, submit the abstract to the DMV along with a completed REG 227 so the judgment creditor gets listed on the title. Missing even one required element on the abstract can delay or invalidate the recording.

Recording a Mechanic’s or Storage Lien

Repair shops, towing companies, and storage facilities have a possessory lien, which means the lien depends on keeping physical possession of the vehicle. The rules come from California Civil Code sections 3068 through 3074, and the deadlines are unforgiving. Miss one by a day and the lien is gone.

The lien becomes effective at the earlier of two events: when you hand the registered owner a written statement of charges for completed work, or 15 days after the work is finished. From that point you have 30 days to either apply to the DMV for authorization to conduct a lien sale or file a lawsuit. Miss the 30-day window and the lien is extinguished.2California Department of Motor Vehicles. Vehicle Industry Registration Procedures Manual – Liens

There are also caps on what you can charge without first getting the legal owner’s written consent. If someone other than the legal owner (the registered owner or a third party, for example) authorized the work, the lien is capped at $1,500 for repairs and services. For storage, the cap is $1,025 on most vehicles, or $1,250 on vehicles valued over $4,000 if the lienholder files a lien sale application within 30 days of when storage began.2California Department of Motor Vehicles. Vehicle Industry Registration Procedures Manual – Liens Anything above those amounts requires notifying the legal owner in writing, by personal service or registered mail, and getting consent before the work starts. Shops that skip this step lose the excess portion.

Applying for the Lien Sale

For vehicles valued over $4,000, you submit an Application for Lien Sale Authorization and Lienholder’s Certification, REG 656, with the processing fee to the DMV’s Lien Sale Unit within 30 days of the lien arising.8California Department of Motor Vehicles. Vehicle Industry Registration Procedures Manual – Vehicles Valued Over $4,000 or From a Self-Service Storage Facility The DMV then notifies the owner and interested parties by certified mail and gives them 10 days to oppose. If nobody opposes, the DMV authorizes you to sell the vehicle and recover what’s owed.

Vehicles valued at $4,000 or less follow a simpler track that generally lets the lienholder conduct the sale after meeting the statutory notice requirements without the same pre-authorization, though the 30-day filing deadline still applies. The DMV’s Vehicle Industry Registration Procedures Manual walks through both tracks, and applying the wrong track for the vehicle’s value is a common mistake.

Filing With the DMV and What You Get Back

Whichever lien you’re recording, the completed application and supporting documents get mailed to the DMV’s address for title and registration processing. For voluntary and judgment liens the key document is the REG 227. For mechanic’s lien sales it’s the REG 656.

The replacement title fee is $28.9California Department of Motor Vehicles. Vehicle Industry Registration Procedures Manual – Appendix 1F Fees Lien sale applications carry their own processing fee. Include the correct payment; wrong or missing fees will hold up processing. After the DMV processes the application, it issues a new California Certificate of Title listing the creditor as legal owner, which is what officially records the lien.

Releasing the Lien Once the Debt Is Paid

When the debt is satisfied, the lienholder has to release the interest so the owner can get a clean title. There are two ways. The legal owner can sign the release section on the back of the paper Certificate of Title, or complete a Lien Satisfied/Legal Owner/Title Holder Release, REG 166. The REG 166 must be notarized unless it’s being submitted by an insurance company to obtain a salvage certificate.10California Department of Motor Vehicles. Lien Satisfied/Legal Owner/Title Holder Release REG 166

One practical limit: the REG 166 cannot be used for vehicles with a paperless (electronic) title or for vehicles that are two model years old or newer. For those, the lien can only be released using the actual Certificate of Title.10California Department of Motor Vehicles. Lien Satisfied/Legal Owner/Title Holder Release REG 166

Situations Where the DMV Process Doesn’t Apply

A few claims that look like vehicle liens don’t get recorded through the DMV, and it’s worth flagging them so you don’t waste a filing.

Federal tax liens are not filed with the California DMV. A federal tax lien automatically attaches to all of a taxpayer’s property, including vehicles, after the IRS assesses the liability, sends a Notice and Demand for Payment, and the taxpayer fails to pay in time.11Internal Revenue Service. Understanding a Federal Tax Lien The IRS files a public Notice of Federal Tax Lien to put other creditors on notice, and that claim secures the government’s interest until the balance is paid or the collection period lapses.12Taxpayer Advocate Service. Form 668(Y)(C) – Notice of Federal Tax Lien If you are a private creditor trying to record a lien on a vehicle whose owner already has a federal tax lien, the IRS claim will generally take priority.

Active-duty military borrowers get significant protection under the Servicemembers Civil Relief Act. A creditor cannot repossess a vehicle for breach of a purchase or lease contract entered into before the servicemember went on active duty unless the creditor first obtains a court order, provided the servicemember made a deposit or installment payment before entering service.13Office of the Law Revision Counsel. 50 USC 3952 – Protection Under Installment Contracts for Purchase or Lease of Property The SCRA also caps interest on pre-service debts at 6% per year during military service, and the creditor must reduce monthly payments by the forgiven interest rather than accelerate principal.14Office of the Law Revision Counsel. 50 USC 3937 – Maximum Rate of Interest on Debts Incurred Before Military Service Verify a borrower’s military status before any enforcement step.

If the vehicle owner files for bankruptcy, the federal automatic stay freezes everything. Under 11 U.S.C. section 362, the stay prohibits any act to create, perfect, or enforce a lien against property of the bankruptcy estate, and it bars enforcement of pre-petition liens.15Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay You cannot record, repossess, or run a lien sale while the stay is in place, and the stay applies even if you had no notice of the filing. Enforcing your lien during bankruptcy requires filing a motion for relief from the automatic stay and waiting for the court’s order.