§ 425 — Repossession of motor vehicle or motorcycle; garageman's lien; notice to police

New York § 425

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 4: Registration of Vehicles
• Art. 17: Other Provisions Relating to Registration and Possession

Text

§ 425. Repossession of motor vehicle or motorcycle; garageman's lien;\nnotice to police. 1. Any person, firm or corporation, or agent, employee\nor representative thereof, repossessing or retaking a motor vehicle or\nmotorcycle pursuant to the provisions of article nine of the uniform\ncommercial code, or other authority of law, or any contract or\nagreement, shall, immediately following such repossession or retaking,\npersonally appear at a station house or other office of the police\ndepartment, or agency or officer performing like functions, in the\nlocality wherein such repossession or retaking occurred, give notice to\nsuch department, agency or officer of such repossession or retaking and\nthereafter and within twenty-four hours of the tenth day after such\nrepossession or retaking personally deliver or mail by first class mail\nto the nearest motor vehicle office of the state or county acting as an\nagent of the commissioner pursuant to section two hundred five of this\nchapter, (a) notice of such repossession or retaking in such form as the\ncommissioner may require and (b) the number plates of such motor vehicle\nor motorcycle. Notice of such repossession or retaking, including the\nname and address of the person, firm or corporation repossessing or\nretaking the same, shall also be given within twenty-four hours thereof\nto the owner of such motor vehicle or motorcycle, either personally or\nby registered or certified mail, or by first class mail, with a\ncertificate of mailing properly endorsed by the postal service to be\nobtained, directed to such owner at his or her last-known address.\nUnless the motor vehicle or motorcycle can be repossessed or retaken\nwithout breach of the peace, it shall be repossessed or retaken by legal\nprocess, but nothing herein contained shall be construed to authorize a\nviolation of the criminal law.\n 2. Any person, firm or corporation, or agent, employee or\nrepresentative thereof holding a motor vehicle or motorcycle under a\nlien for repairs or storage pursuant to any authority of law, or any\ncontract or agreement shall return any registration plates for such\nvehicle which are in his possession to the registrant upon the\nregistrant's request, or if not so returned shall, within twenty-four\nhours after such request, personally deliver or mail by special delivery\nfirst class mail to the nearest motor vehicle office (a) notice of such\nholding in such form as the commissioner may require and (b) the number\nplates of such motor vehicle or motorcycle.\n