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?

No. Nevada DMV does not accept California or any out-of-state emission certificates as proof of Nevada compliance. You must obtain a Nevada emissions test within 90 days of registering your vehicle, or submit a notarized EC-008 Emission Control Exemption Application to claim temporary exemption while you arrange Nevada testing.

This is the single most common question from California transplants moving to Henderson, Summerlin, or Las Vegas. California's smog check program tests different parameters than Nevada's BAR-97 emission testing system. Even if your vehicle passed California emissions last week, Nevada DMV requires independent Nevada certification before processing your registration.

📋 How EC-008 Solves the Out-of-State Problem:

• Initial registration exemption: File notarized EC-008 affidavit with your registration packet to claim temporary exemption
• 90-day compliance window: Nevada gives you 90 days to complete emissions testing after initial registration
• Avoid registration delays: EC-008 allows DMV to process your registration immediately instead of waiting for Nevada smog
• One-time use only: At your first Nevada renewal, you must have a valid Nevada emission certificate

⚠️ Critical Notarization Requirement: EC-008 is a jurat affidavit requiring Nevada notary signature with physical seal. Digital signatures and self-signed forms are rejected by DMV. Lake Mead Mobile Notary provides same-day EC-008 notarization throughout Henderson and all Clark County areas, meeting California residents at their new homes to complete registration paperwork without DMV trips.

💰 Cost Comparison: Nevada emission test: $18-25. EC-008 mobile notarization: $45. Late registration penalty if you delay while searching for notary: $6 per month. Most California transplants use EC-008 to register immediately, then schedule Nevada emissions testing at their convenience within the 90-day window.

Related Questions

• Can I renew my Nevada registration by mail if I'm temporarily out of state and can't get a smog check?
• My vehicle is brand new. Why is DMV asking for EC-008 when I register it?
• How long is the EC-008 exemption valid?