Texas Property Code section 70.006 discusses the sale of motor vehicles, motorboats, vessels, and outboard motors, including the requirements of this notice. Written notice must be given to the owner and each holder of a lien recorded on the certificate of title. Tex. Prop. Code § 70.006(a). A copy of the notice must be filed with the county tax assessor-collector’s office in the county in which the repairs were made not later than thirty days after the date on which the charges accrue. Tex. Prop. Code § 70.006(a). Unless an exception exists for notice by publication under Tex. Prop. Code § 70.006(c), the notice must be sent by certified mail with return receipt requested and include the amount of the charges and a request for payment. Tex. Prop. Code § 70.006(b).
A holder of a possessory lien on a motor vehicle under Tex. Prop. Code § 70.001, other than a person licensed as a franchised dealer under the Texas Occupations Code, must include additional information in the notice. See Tex. Prop. Code § 70.006(b–1) for those requirements.
Notice of Sale under Worker’s Possessory Lien
[Motor Vehicle, Motorboat, Vessel, or Outboard Motor]
[Date]
To: [name and address of owner], Owner
[name and address of lienholder], Lienholder
Re: [describe motor vehicle, motorboat, vessel, or outboard motor]
I [include if applicable: , [legal name], [taxpayer identification number/employer identification number] [number],] have maintained possession of the [motor vehicle/motorboat/vessel/outboard motor] described above, which I have repaired at the owner’s request.
A total of $[amount] is now due for the repair of this [vehicle/motorboat/vessel/outboard motor], and I request that the charges due be paid immediately. The charges accrued on [date].
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Include the following if applicable. See Tex. Prop. Code § 70.006(b–1) to determine applicability. |
The physical address at which the repairs to the motor vehicle were made is [address]. Attached is a signed copy of the work order authorizing the repairs on the motor vehicle.
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Continue with the following. |
If I do not receive payment within thirty days after this notice is mailed, I intend to sell the [vehicle/motorboat/vessel/outboard motor] at public sale and to apply the proceeds of the sale to payment of the charges. I will then pay any excess to the person entitled to it.
The public sale will be at [address, city, county] County, Texas, on [date] at [time].
[Name]
Certified Mail No. [number]
Return Receipt Requested
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Attach a copy of the work order if applicable. |