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Outline

The Colorado DR 2438 form is a vital document for those involved in the storage and lien processes for vehicles. It serves as a Storage Lien Bond Statement, allowing individuals or businesses to secure a new title for a vehicle that has been left in their care, particularly in situations where the owner has abandoned the vehicle. This form requires detailed information about the vehicle, including its identification number, make, model, and dimensions. Applicants must also provide their name or business name, address, and details about any agreements made regarding the vehicle's storage. Additionally, the form prompts the applicant to disclose any attempts made to contact the vehicle's owner or lienholder, ensuring that all parties are informed and that the vehicle's status is clear. A certification statement included in the form emphasizes the importance of accuracy, as any false information can lead to legal repercussions. By completing the DR 2438, individuals can navigate the complexities of vehicle abandonment and lien processes more effectively, ensuring compliance with Colorado state laws.

Sample - Colorado Dr 2438 Form

DR 2438 (07/15/15)
COLORADO DEPARTMENT OF REVENUE
Division of Motor Vehicles
Title Section
www.colorado.gov/revenue
Storage Lien Bond Statement Guide
C.R.S. 38-20-116, 38-20-116 (2.5) (a)
A Surety Bond is a one-time, non-refundable, instrument that allows the issuance of a new title.
Check box if completing Abandonment of Motor Vehicle at a Repair Shop process.
Vehicle Description
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Year Make Body Model Fuel
Odometer Indicator CWT Length Width
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Address City State ZIP
Was there a verbal agreement?
YES
If yes, state terms of agreement:
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________________
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Copy of contract/agreement attached
YES

Date vehicle was left with you Storage fees or money owed
State your efforts to contact person who made the agreement:
____________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________
State your attempts to contact OWNER/LIENHOLDER OF RECORD to insure they have no interest in the vehicle, if different from the person who
made the agreement.
____________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________
I have not heard from the person who left the vehicle for over 30 days and in good faith I believe the person has abandoned the vehicle.
YES

Vehicle is roadworthy
YES

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YES

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I certify under penalty of perjury that all documents submitted in this title application are true and correct and that I
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Signature Date

Form Information

Fact Name Details
Form Title Storage Lien Bond Statement
Governing Laws C.R.S. 38-20-116, C.R.S. 38-20-116 (2.5) (a)
Purpose To allow the issuance of a new title for abandoned vehicles under specific conditions.
Verbal Agreement Applicants must indicate if there was a verbal agreement regarding the vehicle.
Contact Attempts Applicants must document efforts to contact the person who left the vehicle.
Abandonment Confirmation Applicants must confirm that they have not heard from the vehicle owner for over 30 days.
Liens Applicants must disclose any existing liens against the vehicle.
Certification Applicants certify the truth of submitted documents under penalty of perjury.

Detailed Guide for Filling Out Colorado Dr 2438

Filling out the Colorado DR 2438 form is a straightforward process. This form is essential for those dealing with a storage lien bond statement. Ensure you have all necessary information at hand before you begin. Follow these steps to complete the form accurately.

  1. Begin by checking the box if you are completing the Abandonment of Motor Vehicle at a Repair Shop process.
  2. Provide the vehicle description by entering the following details:
    • Vehicle Identification Number (VIN)
    • Year
    • Make
    • Body
    • Model
    • Fuel type
    • Odometer indicator
    • CWT (Cargo Weight Trailer) length
    • Width
  3. Enter your name and/or business name in the Applicant's Name section.
  4. Specify the type of business you operate.
  5. Fill in your address, including city, state, and ZIP code.
  6. Indicate whether there was a verbal agreement by selecting YES or NO.
  7. If there was a verbal agreement, detail the terms in the provided space.
  8. Write the name of the person who made the agreement.
  9. Attach a copy of the contract or agreement by marking YES or NO.
  10. State the date the vehicle was left with you.
  11. List any storage fees or money owed.
  12. Describe your efforts to contact the person who made the agreement.
  13. Document your attempts to contact the owner or lienholder of record, if different from the person who made the agreement.
  14. Confirm that you have not heard from the person who left the vehicle for over 30 days and that you believe, in good faith, the vehicle has been abandoned by marking YES or NO.
  15. Indicate whether the vehicle is roadworthy.
  16. If applicable, provide the name of the lienholder.
  17. Answer whether there are any liens against the vehicle by selecting YES or NO.
  18. Finally, certify under penalty of perjury that all information is true and correct. Sign and date the form.

Obtain Answers on Colorado Dr 2438

  1. What is the Colorado DR 2438 form?

    The Colorado DR 2438 form is a document used to apply for a new title for a vehicle that has been abandoned at a repair shop. It is part of the process to establish a storage lien on the vehicle, allowing the repair shop to recover costs associated with the storage and repair of the vehicle.

  2. Who needs to fill out the DR 2438 form?

    This form is typically completed by the owner of a repair shop or storage facility that has possession of a vehicle left by its owner. If the vehicle has been left for more than 30 days and the owner cannot be contacted, the repair shop can initiate the process to claim a lien and obtain a new title.

  3. What information is required on the form?

    The form requires various details, including:

    • Vehicle Identification Number (VIN)
    • Year, make, body, model, and fuel type of the vehicle
    • Odometer reading
    • Dimensions of the vehicle (length and width)
    • Applicant's name and business information
    • Details of any agreements made regarding the vehicle
    • Information about attempts to contact the vehicle's owner or lienholder
  4. Is there a fee associated with filing the DR 2438 form?

    Yes, there may be fees involved in filing the DR 2438 form, as well as additional costs related to obtaining a surety bond. It’s important to check with the Colorado Department of Revenue for the most current fee schedule.

  5. What is a surety bond, and why is it needed?

    A surety bond is a one-time, non-refundable financial instrument required to issue a new title for the abandoned vehicle. It acts as a guarantee that the applicant will cover any potential claims related to the vehicle’s ownership.

  6. How long do I have to wait before I can consider a vehicle abandoned?

    You must wait at least 30 days from the time the vehicle was left in your possession without communication from the owner. After this period, you can begin the process to claim the vehicle as abandoned.

  7. What happens if the owner of the vehicle comes forward after I file the form?

    If the original owner reappears after you have filed the DR 2438 form, they may contest the claim. However, you will have the right to pursue the lien if you can demonstrate that you made reasonable efforts to contact the owner and that they abandoned the vehicle.

  8. Where do I submit the completed DR 2438 form?

    The completed form should be submitted to the Colorado Department of Revenue, Division of Motor Vehicles. It’s advisable to check their website for specific submission guidelines and any additional documents that may be required.

Common mistakes

Filling out the Colorado DR 2438 form can be straightforward, but there are common mistakes that applicants often make. One frequent error is failing to provide a complete vehicle description. The form requires specific details such as the Vehicle Identification Number (VIN), year, make, body model, fuel type, and odometer reading. Missing any of these details can lead to delays or rejections in processing.

Another common mistake is neglecting to check the box indicating whether the abandonment process is being completed. This checkbox is crucial as it informs the authorities about the context of the application. If left unchecked, it may result in confusion regarding the intent of the submission.

Applicants sometimes forget to include their contact information accurately. Providing the correct name, address, and business type is essential. If the information is incorrect, it can hinder communication and lead to complications in processing the title application.

Many individuals also overlook the section regarding the verbal agreement. If there was a verbal agreement, it is necessary to state the terms clearly. Failing to do so may create misunderstandings about the arrangement between parties involved.

In addition, applicants may not document their efforts to contact the person who made the agreement. This section is important as it demonstrates due diligence. Not providing this information can raise questions about the legitimacy of the claim.

Another mistake involves not addressing the contact attempts made towards the owner or lienholder of record. This information is vital to ensure that there are no outstanding interests in the vehicle. Omitting this can lead to further complications down the line.

Some applicants may also mistakenly indicate that the vehicle is roadworthy when it is not. This misrepresentation can have serious legal implications and may result in penalties. It is important to assess the vehicle's condition accurately before making this declaration.

Furthermore, failing to disclose any existing liens against the vehicle is a significant oversight. If there are liens, they must be reported. Not doing so can complicate the title transfer process and may lead to legal issues later.

Finally, applicants often forget to sign and date the form. This step is essential as it certifies the accuracy of the information provided. Without a signature and date, the application may be considered incomplete and could be rejected.

Documents used along the form

When dealing with vehicle title issues in Colorado, the DR 2438 form is an essential document for addressing storage liens. However, several other forms and documents may also come into play during this process. Understanding these additional documents can help ensure a smoother experience when managing vehicle titles and liens.

  • DR 2395 - Application for Title and/or Registration: This form is used to apply for a new title or registration for a vehicle. It gathers information about the vehicle and its owner, ensuring that all necessary details are documented for the title issuance.
  • DR 2480 - Affidavit of Affixation: This affidavit is required when a vehicle is permanently affixed to real property. It provides proof that the vehicle is no longer considered mobile and outlines the details of the affixation.
  • DR 2698 - Bill of Sale: This document serves as proof of the sale of a vehicle between two parties. It includes details such as the sale price, vehicle identification number (VIN), and signatures from both the buyer and seller.
  • DR 2408 - Statement of Lien: This form is used to report any liens on a vehicle. It helps establish the legal claim of a lienholder against the vehicle, which is crucial for ensuring that all parties are aware of any outstanding debts.
  • DR 2443 - Notice of Abandonment: This notice is filed when a vehicle is believed to be abandoned. It outlines the necessary steps taken to contact the owner and provides a legal basis for declaring the vehicle abandoned.
  • DR 2444 - Application for a Duplicate Title: If a vehicle title is lost or damaged, this form is used to request a duplicate. It requires information about the vehicle and the reason for the request.
  • DR 2482 - Power of Attorney: This document allows one person to act on behalf of another in vehicle transactions. It is often used when the vehicle owner cannot be present to sign necessary documents.
  • DR 2440 - Lien Release: When a lien on a vehicle is satisfied, this form is used to formally release the lien. It serves as proof that the debt has been paid and the lienholder no longer has a claim on the vehicle.
  • DR 2415 - Application for Special Plates: If a vehicle owner wishes to obtain personalized or special license plates, this form is required. It details the requested plate type and any associated fees.
  • DR 2230 - Odometer Disclosure Statement: This statement is necessary when transferring ownership of a vehicle. It verifies the vehicle's mileage at the time of sale, helping to prevent odometer fraud.

Each of these forms plays a vital role in the process of managing vehicle titles and liens in Colorado. Familiarity with these documents can empower individuals to navigate the complexities of vehicle ownership and ensure compliance with state regulations.

Similar forms

The Colorado DR 2438 form is essential for individuals or businesses dealing with abandoned vehicles and storage liens. Several other documents serve similar purposes in various contexts. Here’s a list of seven documents that share similarities with the DR 2438 form:

  • Form DR 2440 - Application for Title: This form is used to apply for a new vehicle title. Like the DR 2438, it requires detailed information about the vehicle and the applicant, ensuring proper documentation for ownership transfer.
  • Form DR 2441 - Affidavit of Abandonment: This document allows a person to declare a vehicle abandoned. Similar to the DR 2438, it includes information about the vehicle and the circumstances of abandonment, providing a legal framework for handling such cases.
  • Form DR 2442 - Lien Release: When a vehicle has a lien, this form is necessary to release that lien. It parallels the DR 2438 in that it requires verification of the lienholder's consent and ensures that all parties are informed of the vehicle's status.
  • Form DR 2173 - Bill of Sale: This document serves as proof of sale for a vehicle. It shares similarities with the DR 2438 by requiring details about the vehicle and the parties involved, facilitating a clear transfer of ownership.
  • Form DR 2426 - Statement of Fact: Used to provide additional information regarding vehicle ownership or history, this form complements the DR 2438 by ensuring that all relevant facts are disclosed during the title application process.
  • Form DR 2539 - Application for Duplicate Title: If a title is lost or damaged, this form allows for the issuance of a duplicate. Like the DR 2438, it necessitates thorough documentation to prevent fraud and ensure accurate records.
  • Form DR 2425 - Vehicle Identification Number (VIN) Verification: This form is used to verify a vehicle's VIN when applying for a title. It is similar to the DR 2438 in that it ensures the vehicle's identity is confirmed, protecting against title fraud.

Each of these documents plays a crucial role in the vehicle title process, ensuring that all transactions are legally sound and properly documented. Understanding their similarities to the DR 2438 can help individuals navigate vehicle ownership and abandonment issues more effectively.

Dos and Don'ts

When filling out the Colorado DR 2438 form, it is essential to follow specific guidelines to ensure accuracy and compliance. Below is a list of things you should and shouldn't do during this process.

  • Do read the entire form carefully before starting.
  • Do provide accurate information, especially the Vehicle Identification Number (VIN).
  • Do check the appropriate box if you are completing the Abandonment of Motor Vehicle at a Repair Shop process.
  • Do attach any relevant contracts or agreements to support your claims.
  • Don't leave any required fields blank; this may delay the processing of your application.
  • Don't submit the form without verifying that all information is correct.
  • Don't forget to sign and date the form before submission.
  • Don't ignore the requirement to contact the owner or lienholder of record if applicable.

Misconceptions

Understanding the Colorado DR 2438 form is essential for anyone dealing with storage liens or abandoned vehicles. However, several misconceptions can lead to confusion. Here are eight common myths about this form:

  • It’s only for abandoned vehicles. Many believe the DR 2438 form is exclusively for abandoned vehicles. In reality, it can also be used when a vehicle is left at a repair shop and the owner fails to reclaim it.
  • A verbal agreement is enough. Some think that a simple verbal agreement suffices. However, having a written contract or agreement is crucial for clarity and legal protection.
  • Filing the form guarantees title transfer. People often assume that submitting the DR 2438 automatically transfers the vehicle title. It’s important to remember that additional steps may be required after filing.
  • Storage fees are optional. There’s a misconception that storage fees can be waived. In fact, if you’re storing a vehicle, you are entitled to charge reasonable fees, which must be documented.
  • Contacting the owner is not necessary. Some believe they can skip contacting the vehicle owner. However, you must make reasonable efforts to reach out to the owner or lienholder before declaring the vehicle abandoned.
  • The form is only for businesses. Many think that only businesses can use the DR 2438. Individuals can also file this form when they have a legitimate claim to a vehicle left in their possession.
  • All liens must be cleared before filing. There’s a belief that all liens against a vehicle must be resolved before using the form. While it's important to check for liens, the form can still be filed even if there are existing liens, as long as proper notifications are made.
  • Once filed, the process is complete. Some assume that after filing the DR 2438, everything is finished. The process involves ongoing responsibilities, including keeping records and possibly further communication with the vehicle owner.

Being informed about these misconceptions can help navigate the process more smoothly and ensure compliance with Colorado laws.

Key takeaways

When filling out the Colorado DR 2438 form, it’s important to understand its purpose and requirements. This form is essential for those seeking to obtain a new title for a vehicle that has been left at a repair shop. Here are some key takeaways:

  • Purpose of the Form: The DR 2438 is a Storage Lien Bond Statement that allows for the issuance of a new title under specific circumstances.
  • One-Time Bond: A Surety Bond is required and is a one-time, non-refundable payment.
  • Vehicle Details: Accurately provide the vehicle's description, including the VIN, year, make, model, and dimensions.
  • Agreement Terms: Indicate whether there was a verbal agreement regarding the vehicle and summarize its terms if applicable.
  • Contact Efforts: Document your attempts to contact the person who left the vehicle and the owner or lienholder of record.
  • Abandonment Confirmation: Confirm that you have not heard from the person for over 30 days, indicating good faith belief of abandonment.
  • Liens: Check for any existing liens against the vehicle and provide the name of the lienholder if applicable.
  • Certification: Sign the form, certifying that all information is true and acknowledging potential liability for any false statements.

Completing the DR 2438 accurately is crucial for a smooth title issuance process. Ensure all information is correct and that you understand your obligations under Colorado law.