Abandoned Motor Vehicle

Definition


Property over which the owner has given up dominion and control with no intention of recovering it. View Abandoned Vehicle Instructions (PDF).

Jurisdiction


Affidavits seeking the foreclosure of a lien on an abandoned motor vehicle with a value up to $15,000 may be filed in the Magistrate Court by a tow company, repair company or an individual who is storing a vehicle that has not been claimed by the owner or lienholder.

Filing Procedures


For a person or business storing the vehicle, the following forms should be completed and brought to the Magistrate Court:
Make sure to attach all required documents including all original certified letter(s) or return receipt(s). If the vehicle had to be advertised you will need to bring the proof of advertisement. The filing fee is $10.

Court Order


If the judge finds that you have complied with the requirements of the law, an order will be issued allowing you to sell the vehicle to satisfy the lien. The abandoned vehicle cannot be retained by the person applying for the abandoned vehicle. You must sell the abandoned vehicle at a public auction.

Disposition of Proceeds


After sale of the vehicle, the law requires that the plaintiff file a Disposition of the Proceeds (PDF) and a copy of the bill of sale. These forms should be completed and mailed or delivered to the clerk of Magistrate Court within 30 days of the sale of the vehicle.