Lien Holders must meet the requirements of Arizona Revises Statutes (A.R.S.) 28-3512.D, E, F and G
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 vehicle. The lien holder must have been the lien holder on the MVD record at the time of the tow or impound in order to be granted a hearing. The lien must still be in force in order for the lien holder to qualify. Lien holders must request a Post Storage Hearing to be considered for an early release, prior to the 30th day, in the same way an individual owner makes the request (Post Storage Hearing). After the 30th day of impoundment, no hearing is required, but a vehicle release must still be obtained. The lien holder or their agent must come to the Pinal County Sheriff's Office at 971 Jason Lopez Circle, Florence, Arizona 85132 for that release form. In either case, the Administrative Towing Fee must be paid prior to the “Vehicle Release Form” being granted. See the below requirements.
Once the Post Storage Hearing has been completed, and release has been granted, or after the 30th day of impoundment, this person or company representative must present the following information to the Pinal County Sheriff's Office:
If you are a private individual; in addition to the below items, you must have a valid driver’s license in your state of domicile and your privilege to drive in Arizona must not be suspended.
A. All lien holders or their agents (tow truck drivers, etc.) must provide the following documents - ALL COPIES MUST BE LEGIBLE:
- Proof that the person acting as the company representative is indeed an employee. This can be in the form of a business card or an authorizing letter on company letterhead. A private individual may simply present a driver’s license and or a combination of identification will suffice to ensure they are who they purport to be.
- A notarized Affidavit of Repossession from the Motor Vehicle Division.
- A notarized “Hold Harmless” letter which in affect states that the lien holder will hold the Pinal County Sheriff's Office harmless from any civil actions as a result of the release of the vehicle.
- The following information may be included in the “Hold Harmless” letter or as a separate notarized document
- The debtor’s name
- The account number, or at a minimum, the last four numbers/letters of the loan or account number
- Vehicle description including the vehicle year, make, model, and the vehicle identification number (VIN)
- Power of Attorney:
- The “Power of Attorney” may be included in the “Hold Harmless” letter or as a separate notarized document
- Valid until revoked by the grantor
- Can be written by hand or typed - letterhead is not necessary.
- Must be notarized
- 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 repossess property and must list the vehicle’s description including the identification number (VIN).
NOTE: Regardless of what paperwork the lien holder presents, any document longer than a single page, where the notary stamp/seal falls on the last page, shall reference the vehicle in question by VIN, license or account/loan number on each page.
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 Pinal County Sheriff's Office 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."
(New Law effective September 19, 2007)
Before a LIENHOLDER as described above releases the vehicle to the owner who was operating the vehicle at the time of removal and immobilization or impoundment, the LIENHOLDER 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 LIENHOLDER 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
A recovery agent will be required to present:
- A valid driver’s license with photo AND
- All of the items from the LIENHOLDER section above and the following on a notarized letter on the lien holder’s letterhead:
- The debtor’s name, last four digits of loan or account number, vehicle description including: the vehicle year, make, model, and
- Vehicle Identification Number (VIN).