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Yes, you can proceed with VP-147 lien sale even if certified mail returns as "undeliverable," "attempted - not known," or "refused." Nevada law requires you to attempt proper notification at the DMV-registered address, but you're not responsible if the owner moved without updating their address or refuses to accept the letter. The key is documenting your good-faith notification attempt.

This is the second most discussed lien sale question on automotive forums and r/legaladvice. Tow operators panic when certified mail comes back weeks after sending, thinking the entire lien sale process must start over. That's not correct. What matters is that you sent notification to the correct address on file with Nevada DMV at the time you mailed it.

📋 How to Document Undeliverable Certified Mail for VP-147:

• Keep the returned envelope: The envelope with USPS markings showing "undeliverable," "moved - no forwarding address," "refused," or "unclaimed" is your proof of notification attempt
• Keep the certified mail receipt: The green receipt showing you sent certified mail on [date] to [address from DMV records]
• Make copies for your VP-147 packet: Include copies of both the receipt and the returned envelope with your notarized VP-147 when submitting to auction or DMV
• Note the return date on your VP-147: In the notification section, write "Certified mail sent [date], returned undeliverable [date] - proof attached"

⚠️ Critical Distinction - Undeliverable vs. Never Sent: Nevada courts and DMV distinguish between "mail returned undeliverable" (proper notification attempt) and "mail never sent" (no notification attempt). If you skip certified mail entirely and claim the owner "couldn't be found," your VP-147 will be rejected and you could face liability for wrongful sale. But if you can prove you sent certified mail to the DMV-registered address and USPS returned it undeliverable, you've met Nevada's notification requirement.

💡 The 30-Day Waiting Period Starts When You Mail It: Confusion exists about when the clock starts. The 30-day waiting period begins on the date you send certified mail, not when it's delivered or returned. Example: You mail certified letters on May 1st to owner and lienholder. Owner's letter is delivered May 4th (signed green card returned). Lienholder's letter returns undeliverable May 8th. You can still proceed with lien sale on June 1st (30 days after May 1st mailing date) because you attempted notification to both parties.

🏢 Real-World Example from Las Vegas Tow Yard: Tow company in Boca Park area towed abandoned vehicle from apartment complex. DMV records showed owner at an address in Henderson. Certified mail sent September 1st, returned "moved - no forwarding address" September 9th. Tow company kept the returned envelope, waited until October 2nd (31 days after mailing), then had VP-147 notarized at their facility. Auction accepted the vehicle because notification attempt was properly documented. The vehicle sold, title transferred to buyer with no issues.

⚠️ When Undeliverable Mail Becomes a Problem: If certified mail to the lienholder (bank) returns undeliverable AND you cannot locate the bank through research (merger, acquisition, failure), consult an attorney before proceeding. While owner notification can be satisfied with undeliverable mail, lienholder notification may require additional steps if the lien is recent and valuable.

Related Questions

• Do I need to notify both the owner AND the lienholder for VP-147?
• After lien sale, do I owe excess auction money to the owner or bank?
• How many certified letters do I actually need to send for Nevada VP-147?

Yes. Nevada law (NRS 108.297) requires you to account for and pay any surplus from the lien sale. After recovering your documented towing, storage, and auction fees, you must pay excess proceeds first to lienholders, then to the vehicle owner. You cannot simply keep all auction proceeds because you obtained clean title through VP-147. This is one of the most misunderstood aspects of Nevada lien sales.

A shocked Reddit discussion illustrates the confusion: "I always thought the right thing would be for the tow vendor to pay any excess from the sale over their storage costs to the lienholder but they take possession of the whole vehicle?" The answer: Taking possession for lien sale is legal, but keeping surplus proceeds beyond documented costs is illegal conversion of property.

📋 Nevada Surplus Distribution Hierarchy (NRS 108.297):

1. First priority - Your documented costs: Towing charges, storage fees at your posted daily rate, administrative costs for title search and certified mail, auction fees
2. Second priority - Lienholders on DMV record: If auction sale exceeds your costs, remaining funds go to the first lienholder (bank) up to the amount of their lien. If surplus still remains, it goes to second lienholder if applicable
3. Third priority - Original owner: Any remaining surplus after lienholder(s) are paid must be sent to the registered owner at their DMV-registered address via certified mail
4. Unclaimed surplus: If owner doesn't respond to surplus notification within required time (typically 30-60 days), consult legal counsel about escheat to the state

⚠️ Real-World Example of Surplus Calculation:

• Vehicle sells at Copart for $8,500
• Your documented costs: Towing $250, storage 45 days at $30/day = $1,350, auction fees $400 = $2,000 total
• Remaining: $6,500 surplus
• Lienholder on DMV record: Bank with $12,000 lien = Bank gets entire $6,500
• Nothing left for owner (their debt to bank reduced by $6,500)

Different scenario - No lien on record:

• Same $8,500 sale price, same $2,000 costs
• No lienholder on DMV title
• You must send $6,500 to the registered owner with accounting of costs and surplus calculation

💡 Why This Matters for VP-147 Compliance: When you sign your notarized VP-147 affidavit, you're swearing under oath that you followed Nevada's lien sale procedures. Part of those procedures is accounting for surplus. If the owner later discovers you kept $5,000 in surplus that legally belonged to them or their lender, you face: (1) civil lawsuit for conversion, (2) potential perjury charges for false VP-147 affidavit, (3) loss of your tow operator license, (4) criminal charges for theft by conversion.

🏢 Best Practice for Tow Operators: Create a standard surplus calculation worksheet for every lien sale. Document: (1) Auction gross proceeds, (2) Itemized costs (towing, storage with daily rate and number of days, title search, certified mail, auction fees), (3) Net surplus calculation, (4) Lienholder payment if applicable with proof of payment, (5) Owner surplus payment with certified mail proof of delivery. Keep these records for 3-5 years. When we notarize VP-147 forms at Sun City Aliante or other Clark County tow yards, we can review your surplus calculation to ensure it's properly documented before you sign under oath.

Related Questions

• Do I need to notify both the owner AND lienholder for VP-147?
• What if certified mail comes back undeliverable? Can I still do lien sale?
• What are the legal limits on storage fees for Nevada tow operators?