How to Legally Obtain Title for an Abandoned Vehicle in California
When it comes to obtaining a title for an abandoned vehicle in California, the process can be complex and challenging. This article outlines the steps you can take to legally and responsibly acquire the title of an abandoned vehicle. Understanding the laws and procedures is crucial to avoid any legal complications.
Abandoned Vehicle Ownership and Legal Procedures
In situations where a vehicle is abandoned on a friend's property, obtaining the title is not straightforward. Generally, the vehicle owner still holds the legal right to the vehicle. However, if you can locate the owner, you can likely take the necessary steps to obtain a duplicate title, which would make the car yours.
Here are the steps you should follow:
Notify the Police: Contact the local police department and inform them about the abandoned vehicle on your friend's property. This is an important step to ensure that the vehicle is treated appropriately under the law.
Wait 24 Hours: After notifying the police, give them 24 hours to address the situation. This allows the owner to reclaim the vehicle if they are aware of its location.
Tow the Vehicle: If the owner does not reclaim the vehicle within 24 hours, arrange for its towing. It’s advisable to have a licensed towing company to ensure the process is legal and documented properly.
Notify the Police Again: After the vehicle is towed, notify the police that it has been removed from the property. This is necessary to keep a record of the event for legal purposes.
If you cannot locate the owner, you might need to involve the DMV and undertake a more detailed process. This typically requires a lien sale, which is time-consuming and may not be worth the effort for vehicles with little value.
Alternative Methods of Obtaining a Title
There are two primary ways to legally obtain a title for a vehicle that is not owned by you:
1. Finding the Owner and Requesting a Duplicate Title
The easiest path is to find the original owner and have them fill out a duplicate title for you. This method is straightforward but comes with caveats. You will be responsible for any outstanding DMV fees and penalties, which can often be more than the vehicle is worth in California.
2. Lien Sale Process
The other option is to have the vehicle removed and stored by a licensed auto repair shop. After 15 days of accumulating storage fees, the shop can contact the owner to demand payment. After 31 days, the shop can hold a public auction and sell the vehicle. During the auction, the DMV fees and penalties, along with any other liens, must be disclosed audibly or posted on the windshield of the vehicle. If the auction does not disclose the encumbrances on the title, you may have the right to remediation.
It's important to note that unless the vehicle has some historical or collectors' value, the entire process is not worth the effort. Many DMV fees and penalties can outweigh the value of the car, making the process financially impractical.
Potential Legal Actions Against the Vehicle Owners
Legally, you can take steps to recover costs by claiming storage fees if the vehicle was stored on your property. In this scenario, you can place a lien on the vehicle and attempt to sell it to recoup your costs. However, the laws differ from state to state, and each jurisdiction may require the vehicle to be sold at a public auction rather than transferring the title to the lien holder.
To legally act, you should:
Document the Vehicle’s Condition: Take as many pictures as possible to document the damage and deterioration of the vehicle. This can help establish a storage fee claim.
Send a Registered Letter: Send a formal letter by registered mail to the last known address of the vehicle's owner. Include all possible addresses you have for the owner, and provide a detailed explanation of the situation.
Contact the DMV: Have your friend contact the state’s Department of Motor Vehicles (DMV) to request a registration record check. This process will notify the owner that the vehicle is on their property.
Proceed with Legal Action: If the owner does not respond, your next step should be to follow the legal procedures for dealing with the abandoned property in your jurisdiction. This may involve having an authorized agent remove and impound the vehicle, and auctioning it off to recoup costs or recover any liens.
It’s always advisable to consult with a legal advisor to ensure you follow all necessary steps and adhere to local laws.
Remember, taking possession or ownership of an abandoned vehicle without proper procedures and documentation can result in legal complications and penalties. Always proceed with caution and follow the established legal process.