Mechanic's Lien Sheriff Sales
This is a procedural guideline used by the Scott County Sheriff's Office to hold a mechanic's lien sale.
- You must meet statutory requirements to hold a mechanic's lien sale. (See “Responsibility of Lien Holder and General Requirements”, Minn Stat. 514.18 Subd. 1)
- If the lien is for a motor vehicle you must obtain a Driver and Vehicle Services motor vehicle print out which details owner and lien holder information on the vehicle. (The Scott County Sheriff's Office cannot legally provide you with this information.)
- Contact the Scott County Sheriff's Office - Civil Unit (952-496-8320) to schedule a meeting with a deputy to set up the sale. Please anticipate holding this sale during the week on Tuesday, Wednesday or Thursday. Sales will typically be scheduled at 11 a.m. but the date must work for the Civil Unit's calendar so do NOT publish this date until you have scheduled with the Civil Unit.
- Notification of sale and/or service on the owner and lien holder(s) must be completed in compliance with state statute. (Minn. Stat. 514.21)
- If property subject to the lien is a motor vehicle registered in this state, the lienholder must provide written notice to all secured creditors, by registered mail (Scott County Sheriff's Office prefers to see a certified mail receipt), 45 days before right to sell becomes effective. Minn. Stat. 514.20)
- Notice of Sale must be served on the owner at least 3 weeks prior to the sale (if owner can be found in the county). If owner cannot be found in the county, notice of sale must be mailed if address of owner can be obtained through due diligence.
- Notice of sale must be published for 3 weeks successively with the sale at least 1 week after the last publication date. Publication of the sale should be through a newspaper deemed a “legal newspaper” by the Minnesota Secretary of State. A list of legal newspapers may be found here. Once you have published you will receive from the paper an “Affidavit of Publication” Make sure you maintain this affidavit as you will need it to transfer your title and present to the Sheriff prior to sale. (Min. Stat. 514.21)
- Have the documents with you and be prepared to show to the deputy conducting the sale. Necessary documents include:
- Copy of Affidavit of Publication of “Notice of Sale”
- Copies of registered mail to lien holder and owner. (Some firms are using affidavits of mailing for this purpose.)
- Copy of DVS vehicle print out.
- If the property is a motor vehicle or any other instrument with a serial number please have a picture of that number from the vehicle itself.
- The sale is conducted at the site where the property is being stored. Because it is a public sale you must be prepared in advance for the arrival of interested persons. The Sheriff will meet you at the site and go over the impending sale. It is your responsibility to have a starting “bid.” Please have all the above noted document originals for inspection by the Sheriff. After the sale you will continue to retain these originals unless there is an outside bidder that purchases the property.
- After the sale the Sheriff completes the “certificate of sale” and will mail that to the purchaser.
- If the property is a motor vehicle you will need the above documents and the certificate of sale to transfer the vehicle into your name at the Department of Motor Vehicles.
- If the property to be sold is a manufactured home please follow all of the above procedures to include notifying the lien holder by certified mail. The State of Minnesota will ultimately need this to be accomplished and it may expedite the handling of your receipt of motor vehicle title.
Notice: Please understand that this list is recommended as a “means to the process” for the Sheriff to assist you in your mechanic's lien sale. It is not legal advice and you should always consult with an attorney for questions and assistance in these complicated legal matters.