What the Notice of Transfer and Release of Liability Does

The Notice of Transfer and Release of Liability is a California DMV form that tells the state you no longer own a vehicle. It protects you from liability for traffic violations, accidents, or parking tickets that happen after you sell or give away the car. Without it, the DMV may still hold you responsible for violations committed by the new owner.

California law requires you to file this notice within 5 days of transferring ownership. If you do not file it and the new owner gets a ticket or is in an accident, you could receive the citation or lawsuit notice instead of them. The form is free and takes about 10 minutes to complete.

Key Takeaways

  • You must file the Notice of Transfer and Release of Liability within 5 days of selling or giving away your vehicle, or you remain liable for the new owner's violations.
  • The form is California DMV Form REG 138, available online or at any DMV office, and costs nothing to file.
  • You can file by mail, in person at a DMV office, or online through the California DMV website if you have the vehicle's information ready.
  • Keep a copy of your filed notice for your records in case a violation arrives after you have transferred the car.

How to Get and Complete Form REG 138

The form you need is California DMV Form REG 138, titled "Notice of Transfer and Release of Liability." You can read it from the California DMV website (dmv.ca.gov), pick it up at any DMV office, or request it by mail.

Fill in your name, address, and driver's license number. Then enter the vehicle's license plate number, vehicle identification number (VIN), and the date you transferred ownership. You will also need the new owner's name and address if you have it, though some sellers do not. Sign and date the form. If you are mailing it, make a copy for yourself before you send it.

Do not leave the date of transfer blank. The DMV uses this date to determine when your liability ends. If you sold the car on March 15, that is the date you write, not the date you file the form.

Filing by Mail, Online, or In Person

You have three ways to file. By mail: Send the completed form to the California DMV at the address listed on the form itself (it varies by region). Include a copy of your vehicle registration if possible. Mail takes 1 to 2 weeks to process.

Online: Go to dmv.ca.gov and look for the "Notice of Transfer and Release of Liability" option in the online services section. You will need your vehicle's license plate number and VIN. Online filing is the fastest option and gives you a confirmation number when ready.

In person: Walk into any California DMV office with the completed form. Bring your ID and vehicle registration. The staff will stamp it and give you a copy on the spot. This is useful if you need proof of filing right away or if you are unsure whether you filled out the form correctly.

What Happens If You Do Not File Within 5 Days

If you miss the 5-day window, you are still liable for violations the new owner commits. This means parking tickets, speeding citations, and toll violations can be sent to you. You could also be held responsible if the new owner is in an accident and the other party sues.

You can still file the form late. The DMV will process it, but the protection only covers violations that happen after the DMV receives it, not before. If you receive a ticket or notice after you have already sold the car, file the form when ready and then contact the court or agency that issued the citation with proof of the transfer and your filed notice.

Some sellers include a copy of the filed notice in the vehicle's paperwork they hand to the buyer. This is not required but can help if a question arises later about when ownership changed hands.

When the New Owner Does Not Complete Their Registration

Sometimes a buyer takes weeks or months to register the vehicle in their name. During that gap, the car is still registered to you, and you remain liable. Filing the Notice of Transfer and Release of Liability protects you even if the new owner has not yet registered it.

The form works because it creates an official record with the DMV. When a violation comes in, the DMV can see that you filed a transfer notice on a specific date. If the violation occurred after that date, the DMV can direct the citation to the new owner's address or tell the court that the vehicle was no longer yours.

If the new owner never registers the vehicle and it gets cited for expired registration, your notice still protects you. You have proof you transferred it; what they do with it afterward is their responsibility.

Keeping Records and What to Do If a Violation Arrives

Keep a copy of the Notice of Transfer and Release of Liability in your files for at least a few years. If a citation or violation notice arrives after you have sold the car, you have proof that you filed the transfer on a specific date.

If you receive a ticket or court notice for the vehicle after you have filed the form, respond when ready. Include a copy of your filed notice and a letter explaining that you transferred the vehicle on the date shown on the form. Most courts and agencies will dismiss the citation once they see the DMV's record of the transfer.

If the violation arrived before you filed the form, you may still be able to contest it by showing the court that you filed the notice as soon as possible after the transfer. Bring documentation of when you sold the car (a bill of sale with a date, for example) to show you acted promptly.

Frequently Asked Questions

Do I need the new owner's information to file the form?

No. You can file with just your information and the vehicle details. The new owner's name and address are optional. If you have it, include it, but do not delay filing if you do not.

What if I sold the car to a private buyer and they will not give me their address?

File the form with the information you have. The date of transfer is what matters most. The DMV will process it, and you will be protected from liability even without the buyer's details on file.

Can I file the form if I gave the car to a family member?

Yes. A gift is a transfer of ownership. File the form with the date you gave them the vehicle. You do not need their permission, and you do not need to wait for them to register it.

How long does it take for the form to be processed?

Online filing is when ready. Mail takes 1 to 2 weeks. In-person filing at a DMV office is processed the same day. Your protection starts when the DMV receives and records the form, not when you file it.

What if I lost the vehicle's title or registration?

You can still file the Notice of Transfer and Release of Liability. You need the license plate number and VIN, which you can find on old insurance documents, registration cards, or even photos of the vehicle. Call the DMV if you need help locating the VIN.