Instructions for Lien Holders and Repossession Agents

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INSTRUCTIONS FOR LIEN HOLDERS AND REPOSSESSION AGENTS
VEHICLE IMPOUND PURSUANT TO ARS §28-3511 - §28-3514

A Lien Holder may be a company or a private individual . The Lien Holder or Repossession Agent has the right to request a Post Storage Hearing from the Phoenix Police Department, solely for the purpose of determining the validity of the impoundment. The request must be submitted within 10 days from the date the vehicle was impounded:

  • How does a Lien Holder or Repossession Agent request a Post Storage Hearing?

A Post Storage Hearing can be requested by telephone at (602) 495-2096, by FAX at (602) 534-4334 or in writing to:

Phoenix Police Department
Code Enforcement Unit/Vehicle Impound
1717 East Grant Street, #100
Phoenix , AZ 85034

  • How can the vehicle be released to the Lien Holder or Repossession Agent before the end of the 30-day period?

A release for the vehicle may be issued by the Phoenix Police Department only IF one of the following exemptions applies:

  • The Lien Holder is a motor vehicle dealer, bank, credit union or acceptance corporation that holds a security interest in the vehicle.
  • The vehicle is subject to bailment as described in ARS §28-3512-A-2.
  • The vehicle is a rental as described in ARS §28-3512-A-4.
  • The vehicle is subject to foreclosure or repossession as per ARS §28-3512-D.
  • It was determined at a Post Storage Hearing that the vehicle was improperly impounded.

 

What must be presented by the Lien Holder or Repossession Agent for the vehicle to be released?

Bring a valid driver’s license and a combination of identification items to prove your identity.

A notarized Power of Attorney from the registered owner AND a notarized Affidavit of Repossession from Motor Vehicle Division.

In lieu of #B above, a “Writ of Replevin” (an order to repossess property) from any court can be presented, listing the vehicle’s description, including the VIN.

If the vehicle is being repossessed, the Lien Holder or Repossession Agent must present a valid driver’s license and a notarized letter on the company letterhead that shows the debtor’s name, the loan or account number and the complete vehicle description, including the VIN.

A “Hold Harmless” letter on the company letterhead stating:

Pursuant to ARS §28-3511 and ARS §28-3512, the Lien Holder or Repossession Agent will not release the vehicle prior to the 30-day period to the current registered owner if that person was the driver at the time of the impoundment.

The Lien Holder or Repossession Agent agrees to hold the Phoenix Police Department harmless from any civil actions resulting from the release of the vehicle.