What Is a Towing Lien?
A lien is a legal claim against property for an unpaid debt. When a towing company tows and stores your vehicle, they provide a service (towing) and a product (storage space). You owe them payment for both. If you don't pay and don't claim the vehicle, they are owed money but hold your property.
A towing lien gives the tow company a legal interest in your vehicle equal to what you owe them. The lien sale — sometimes called a "possessory lien sale" or "abandoned vehicle sale" — is the legal process by which they sell the vehicle to recover the debt, following strict state procedures.
How Utah's Lien Sale Process Works
Step 1: Vehicle Is Towed and Unclaimed
The process begins when a vehicle is towed and the owner either doesn't know about it, can't pay the fees, or abandons the vehicle. Storage fees begin accruing. The tow company notifies law enforcement of the tow (required within 30 minutes in Utah) and attempts to contact the registered owner.
Step 2: Notification Requirements
Before a tow company can proceed with a lien sale, Utah law requires they make reasonable efforts to notify the vehicle owner and all lienholders (such as a bank with an auto loan on the vehicle). This notification must:
- Be sent by certified mail to the registered owner at the address on file with the DMV
- Notify the lienholder(s) of record (typically a bank or finance company)
- State the vehicle description (make, model, year, VIN, license plate)
- State the total amount owed
- State the deadline by which the vehicle must be claimed or a lien sale will proceed
- State where and when the auction will take place (if a public auction)
The tow company typically uses the Utah DMV to identify the registered owner and any lienholders from the VIN and license plate. They submit a records request and receive the ownership information, which triggers the notification process.
Step 3: Waiting Period and Redemption Right
After proper notification, there is a legally required waiting period before the sale can occur. During this period, the registered owner has the right to redeem the vehicle by paying all outstanding fees — towing, storage, and the lien sale processing fees.
Utah's waiting period requirements vary based on vehicle value and type. For vehicles under a certain value threshold, the process can be expedited. For vehicles above the threshold (which covers most modern cars), the process involves a longer notification and waiting period before sale.
Step 4: The Lien Sale / Auction
If the vehicle is not redeemed during the waiting period, the tow company may proceed with a lien sale. Utah law specifies how the auction must be conducted:
- Public notice: The sale must be advertised publicly — typically in a local newspaper and/or online. The notice states the vehicle description, date, time, and location of the auction.
- In-person or online auction: Utah allows both traditional in-person auctions and online vehicle auctions. Many lien sales today are conducted through online auction platforms that aggregate tow yard inventory from multiple companies.
- Minimum bid: Typically, the minimum bid covers the towing company's costs (tow fee, storage, lien processing fees, auction costs). Bidders may bid above the minimum.
- Title transfer: The buyer at a lien sale receives a title through the Utah DMV. Lien sale titles can sometimes be difficult to finance or insure — buyers should research this before bidding.
Step 5: Surplus Proceeds
If the vehicle sells for more than the towing company's total claim (fees owed), the surplus belongs to the original registered owner — not the tow company. The company must make good-faith efforts to return the surplus. In practice, vehicles auctioned through lien sales often sell at or below the claim amount, and surplus situations are relatively uncommon for high-mileage or damaged vehicles.
Low-Value Vehicle Fast Track
Utah allows a streamlined "low-value" lien sale process for vehicles whose fair market value falls below a threshold set in state code. This expedited process has a shorter waiting period and simplified notice requirements. This is most commonly used for junk vehicles, older cars with significant mechanical issues, and abandoned beaters.
What Happens to Your Credit If Your Car Is Sold at Lien Sale?
If your vehicle is sold at a lien sale and the proceeds don't cover the full amount owed, the towing company may pursue you for the deficiency (the difference between the sale price and what was owed). This can result in:
- A collections claim against you
- Negative impact on your credit
- Potential civil suit for the deficiency
However, pursuing deficiencies on lien-sold vehicles is relatively uncommon in practice — it's often not cost-effective for the towing company to pursue small deficiency amounts. But for higher-value vehicles, this is a real risk.
Buying a Vehicle at a Towing Lien Sale
For buyers, lien sales can offer vehicles at below-market prices. Key considerations:
- No warranty, no returns: All auction sales are "as-is." There are no guarantees about mechanical condition.
- Limited inspection: Many tow yard auctions allow brief pre-auction inspections, but you typically cannot test-drive the vehicle. Bring someone who knows cars, or pay to have it inspected if possible.
- Title issues: Lien sale titles (sometimes called "salvage lien" titles) may carry brand history. Some lenders won't finance them. Check the title type before bidding.
- Outstanding loans: If the previous owner had an auto loan and the lienholder (bank) wasn't properly notified, title complications can arise. Legitimate Utah lien sales follow the notification requirements that should resolve this — but do your due diligence.
- Online auction platforms: Services like Copart, IAA, and local tow auction sites aggregate Utah lien sale inventory. You can search by location, vehicle type, and condition.
How to Prevent Your Car from Being Sold
The best protection is acting quickly:
- If your car is towed, locate it immediately — call police dispatch or the property owner (for private property tows)
- Contact the tow yard as soon as possible to confirm the fees and the pickup deadline
- If you can't pay the full amount, ask about a payment arrangement — some tow yards will work with you, especially before a lien sale is initiated
- If you've received a lien sale notice by mail, you have a limited window to respond — call an attorney if the fees seem excessive or if the tow was unlawful
- If the vehicle is totaled or otherwise not worth the fees, you may be able to sign over the title to the tow company and walk away — consult an attorney first about your obligations
Resources for Utah Vehicle Owners
- Utah DMV: dmv.utah.gov — title records, lien information, abandoned vehicle reporting
- Utah Division of Consumer Protection: consumerprotection.utah.gov — towing complaints
- Utah Courts Self-Help Center: utcourts.gov — for contesting fees in small claims court