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?

Nevada DMV's official guidance states that NVL-003 submissions should include "original supporting documents demonstrating the vehicle was inoperable or stored during the suspension period." However, the exact documents accepted vary by DMV office and the length of your suspension. Most drivers face this dilemma: the car was simply parked in their driveway or apartment complex parking lot—how do you formally prove that?

📋 Accepted Supporting Documents (in order of DMV preference):

• Mechanical repair records: Dated repair shop invoices showing the vehicle was inoperable during suspension (engine failure, transmission work, collision damage). Must cover the entire suspension period
• Commercial storage facility receipts: Paid storage invoices from storage units, RV storage, or vehicle storage facilities documenting the car was off-road during suspension
• Medical documentation: Hospital admission records, surgery dates, or extended care facility statements proving you were physically unable to drive during the suspension period
• Military deployment orders: Official orders showing you were stationed out of state or overseas when the suspension occurred, with vehicle stored in Nevada
• Travel documentation: Airline tickets, hotel receipts, or work assignment letters proving extended out-of-state absence while vehicle remained in Nevada

⚠️ For Suspension Under 30 Days: DMV typically accepts the notarized NVL-003 affidavit alone without extensive supporting documentation. The shorter the suspension, the less scrutiny. Most insurance payment failures that are corrected within 2-3 weeks qualify for NVL-003 without additional proof.

💡 Alternative Evidence When No Formal Paperwork Exists: If your car was simply parked at home and you have no repair receipts or storage invoices, DMV may accept:

• Time-stamped photos: Photos of the vehicle in the same parking spot throughout the suspension period, showing dust accumulation, flat tires, or visible lack of use
• Neighbor or property manager statements: Signed letters from neighbors, landlords, or HOA managers confirming the vehicle remained stationary during the entire period (does not require notarization)
• Workplace parking records: Statement from employer confirming the vehicle was not parked at your workplace during suspension (you used rideshare/public transit)
• Rideshare/public transit receipts: Uber, Lyft, or RTC bus pass receipts covering the suspension period, demonstrating alternative transportation use
• No parking tickets or violations: DMV database check confirming no parking enforcement activity, toll road usage, or traffic violations during suspension

🏠 Real-World Example: Insurance lapsed on March 1st, DMV suspended registration March 31st, you discovered it April 5th and obtained new insurance April 6th. Your vehicle sat in your Del Webb driveway the entire 5-day suspension. Supporting documents: (1) Notarized NVL-003 with correct dates, (2) Photos of vehicle in driveway taken April 1, 3, and 5, (3) Uber receipts showing rides to work April 1-5, (4) Brief signed statement from neighbor confirming they saw the car parked every day. This package is typically sufficient for DMV acceptance.

⚠️ Suspensions Over 90 Days Require Stronger Proof: If your registration was suspended for months, DMV expects compelling evidence the vehicle was truly dormant. "It was parked in my driveway" is less credible for 120-day suspensions. Consider whether traffic court penalty route is more appropriate if you cannot document long-term dormancy.

📱 We provide mobile notarization for NVL-003 throughout Mesquite, Las Vegas, and Henderson. During your appointment, we can advise on whether your supporting documentation appears sufficient based on our experience with hundreds of NVL-003 submissions across Clark County DMV offices.

Related Questions

• What if I drove during the insurance lapse? Can I still file NVL-003?
• How much are reinstatement fees with NVL-003 vs. without it?
• What happens if DMV rejects my NVL-003 submission?