To act as lienholder over personal property, you must meet the requirements of Minnesota law. Check these requirements before pursuing a lien sale (Minnesota Statute 514.18).
Sale dates and times
Sales are scheduled Monday through Friday, at 10 a.m. Contact our office to schedule a sale date. Be sure to schedule enough in advance to complete all required notifications.
Provide the sheriff’s office an instruction letter including:
- Instructions what you want the sheriff’s office to do
- Your name, business name, address and phone number
- Requested date of sale
- Serving notice of sale = $80
- Conducting the sale = $100
Notifying secured creditors
To sell a motor vehicle that has secured creditors on its certificate of title, you must notify creditors by registered mail at least 45 days before the sale. The notice must state your name, address, and telephone number, amount of money owed, and the rate of any storage charges that accrue.
Publishing the sale
You must publish the notice each week for three weeks in a row, in a newspaper printed and published in the county. The last publication must happen at least one week before the sale.
The notice to the property owner and the published notice should contain the same information:
- Date, time and place of sale
- Amount due on the date of sale, not including advertising and sale expenses
- Reason for the lien
- For motor vehicles, include the make, model, year and vehicle identification number. Otherwise, include a general description of the property.
Serving your own notice
You don’t have to use the sheriff’s office to serve notice.
- You can use anyone with no interest in the lien, who’s at least 18.
- That person must serve notice personally on the property owner, if the owner lives in the county.
- If the owner lives outside the county, you must serve notice by mail, at least three weeks before the sale.
- If you can’t determine where the person lives, publishing the notice is enough.
You must prove you served notice on the property owner, and any secured creditors.
Forms of proof can include:
- A sworn, notarized statement by the person who delivered personal service on the property owner
- One of the following: signed certified letter receipt, returned envelope from the post office, statement from the person who mailed the notice, or affidavit demonstrating inability to find the owner’s address
- Copies of the published notice of sale, with dates listed, or affidavit from the publisher that the paper published the notice and the dates published