A motor vehicle is a vehicle that has been left unattended on the property of another person. However, a certain amount of time must pass before it can be considered abandoned. Timeframes vary by state and sometimes even by county. In New York, for example, the vehicle must remain unattended for at least 96 hours before it’s considered abandon. [1] X Research source You can find out the qualifications in your state either by visiting your local Department of Motor Vehicles or browsing the local DMV website.
If the vehicle was not found on your property, it will most likely be towed and then held by an automobile business. If the owner does not reclaim the vehicle after a certain timeframe, and the vehicle is worth less than a certain fee, the vehicle will be considered unclaimed. The timeframe and value varies by state. Once a vehicle is marked unclaimed, it will likely be sold at a public auction to the highest bidder. If you purchase an unclaimed vehicle at an auction, you will receive the vehicle and the title shortly after your bid is collected. In some states, even if the vehicle is found on your property it might still be auctioned. This is usually if the vehicle is worth more than a certain amount. You should always contact local authorities before trying to claim a title on an abandoned vehicle. [2] X Research source In other states, you can purchase the vehicle from the original owner if it’s found on your property. The owner might also opt to simply transfer the title to you. Check your state’s DMV website to see what the policies are in your area in regards to the possibility of obtaining an abandoned vehicle’s title.
Usually, the VIN is found on the lower left corner of the dashboard right in front of the steering wheel. Usually, you can read the number by looking through the windshield. However, if the number is obscured you do have other options. [3] X Research source The VIN is also located on the front engine block, which you can find by popping the hood and looking under the engine. [4] X Research source It might also be on the front of the car, under the container that holds windshield fluid. [5] X Research source If you can open the car door, look underneath where the side view mirror is located when the door is shut. You can also check near the spot where the door latches, close to the seatbelt return. [6] X Research source
In most states, the owner will be notified by certified mail that you are attempting to obtain his vehicle’s title. The sheriff in the county where the vehicle is abandoned will also be notified. There will also be publications regarding the vehicle published in the country where it was abandoned for a couple of weeks. Notifications will include a complete description of the car, including it’s year, model, and license plate number. It will also include any fees the owner may have to pay for the vehicle’s removal.
In order to purchase the vehicle from the owner, you will need to draft a bill that includes the date, your name, the vehicle’s year, make, and identification number, purchase price, and the signature of the current owner. The owner may be willing to sign the title over to you free of charge. In this case, you would probably need a Sales Tax Exemption Certificate Transfer Affidavit. However, this form might not be required in all states. Talk to your local DMV about what to do in the event the original owner simply wants to transfer the title to you.
The owner can apply for a duplicate title at a DMV office. This is probably the easiest way to replace the lost title, although there might be some fees involved depending on the state. The owner might not want to take the time to apply for a duplicate title. In this case, you can have him sign power of attorney over the vehicle to you. This will authorize you to request the duplicate title yourself.
Contact a small claim’s court in your area and explain the situation. Someone at the court house should be able to explain the process of filing a claim to you. If your case does not pan out in small claims court, you can obtain a writ of execution from the county clerk which you would then bring to the sheriff’s office. You should bring this alongside a copy of the car’s DMV record and a letter from you indicating the car can legally be seized. You may be able to then obtain the title by entering a credit bid to the state. You should only go the small claim’s court route if the vehicle is found on your property.
