Arizona Laws 28-2137. Restitution lien; removal
A. Notwithstanding section 28-2132, after a hearing, the director may remove a restitution lien filed pursuant to section 13-805 or 13-806 from a vehicle record if the director finds both of the following:
Terms Used In Arizona Laws 28-2137
- Certificate of title: means a paper document or an electronic record that is issued by the department and that indicates ownership of a vehicle. See Arizona Laws 28-101
- Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
- Director: means the director of the department of transportation. See Arizona Laws 28-101
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
1. A person purchased the vehicle without any knowledge that the vehicle was subject to a filed restitution lien.
2. The person who sold the vehicle is an obligor under a filed restitution lien and sold the vehicle without disclosing to the purchaser that the vehicle was subject to a filed restitution lien.
B. If a restitution lien is removed as prescribed in subsection A of this section, the department shall place a code on the obligor’s record that automatically restores the restitution lien on any vehicle that is subsequently issued a certificate of title or registered, or both, by the obligor.
C. If the lien, or any portion of the lien, was the result of an order to pay restitution, the party for whom restitution was ordered shall be provided with notice of any hearing held pursuant to this section and an opportunity to appear. The department shall provide notice of the hearing to the governmental agency that requested the lien be placed on the obligor’s record. The governmental agency that requested the lien shall promptly provide notice to any party for whom restitution was ordered.