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?

Yes. A sworn Affidavit for a Nevada matter can be notarized anywhere by a legally commissioned notary. The critical details are:

• Correct certificate type: Affidavits require a jurat with an oath or affirmation and signature in the notary’s presence.
• Accurate venue: The certificate must show the actual state and county where the oath occurred, not Nevada.
• Local compliance: The out-of-state notary should use their jurisdiction’s compliant wording. If needed, the filing attorney can attach a Nevada-compliant form for clarity.

For clients who cannot travel, we coordinate facility signings and witnesses. See Affidavits and Sworn Statements, Hospital Notarization Service, and Notary with Witnesses Provided. We routinely serve legal teams near UNLV Campus Area, Downtown East, The District at Green Valley Ranch, and the Las Vegas Convention Center.

Employers must retain completed I-9 forms for 3 years after the date of hire OR 1 year after employment termination, whichever is later. This means an employee hired on January 1, 2023, and terminated on June 30, 2024, requires I-9 retention until January 1, 2026 (3 years from hire date), not July 1, 2025 (1 year from termination). The "whichever is later" rule ensures long-term employees who leave before the 3-year mark still have their I-9 retained for 1 year post-termination, while short-term employees who leave within months of hire still have their I-9 retained for the full 3 years from hire date. Early destruction or loss of I-9 forms before the required retention period expires triggers automatic penalties of $288 to $2,861 per missing form during ICE audits, even if the original I-9 was completed correctly.

The retention requirement applies to all I-9 forms regardless of whether the employee was full-time, part-time, seasonal, or temporary, and includes all supporting documentation such as copies of identity documents (if the employer chose to retain them), reverification records (Section 3), and any notes or correspondence related to the I-9 completion process. Employers must store I-9 forms separately from personnel files and ensure they are readily accessible for ICE inspection—typically within 3 business days of receiving a Notice of Inspection. Digital storage is permitted if the system maintains data integrity, prevents unauthorized alterations, and can produce readable paper copies on demand. Many employers struggle with I-9 retention compliance due to poor tracking systems that don't automatically calculate retention deadlines or flag forms eligible for destruction.

Lake Mead Mobile Notary provides I-9 verification services with detailed record-keeping support that helps Las Vegas and Henderson employers maintain compliant I-9 files. When our mobile notaries complete Section 2 as authorized representatives, we provide employers with date-stamped verification records that clearly document hire dates and retention deadlines, making it easier to manage the 3-year/1-year rule. We also offer guidance on Henderson area businesses regarding digital I-9 storage solutions and audit preparation strategies that ensure your I-9 forms remain accessible and compliant throughout the entire retention period.