How To Claim an Abandoned Vehicle in Arkansas

Obtaining ownership of an abandoned vehicle in Arkansas requires compliance with a structured statutory framework administered by the Office of Motor Vehicle and the Arkansas Towing and Recovery Board. The process involves lawful towing, possession establishment, proper notice to registered owners and lienholders, a statutory holding period, and a nonjudicial public sale. Understanding and adhering to these requirements ensures legal title transfer and protects the interests of all parties involved.

What Qualifies as an Abandoned Vehicle in Arkansas

Arkansas law distinguishes between unattended vehicles and abandoned vehicles as separate classifications within its towing and recovery framework.

An unattended vehicle is a motor vehicle found in a condition requiring removal under law enforcement authority, including vehicles parked illegally on public roadways or left on private property without the property owner's authorization.

An abandoned vehicle is specifically defined under Arkansas administrative code as an unattended vehicle meeting one of the following conditions:

• The owner has manifestly expressed an intent not to reclaim possession; or
• The vehicle remains unattended for 30 consecutive days, during which the owner provides no evidence of intent to retake possession.

Statutory Categories and Law Enforcement Authority

Arkansas recognizes multiple scenarios triggering removal authority:

• Vehicles on or near public roadways may be removed pursuant to law enforcement directive when creating a public safety hazard or blocking traffic flow.
• Vehicles on private property without owner authorization may be removed by a licensed towing firm acting under written authorization from the property owner or authorized agent, provided the property owner furnishes a written statement identifying the property and vehicle.
• Vehicles on repair shop premises are deemed abandoned if the owner fails to reclaim the vehicle within 45 days after repair completion or the agreed redemption date, whichever is later.
• Unknown-owner vehicles are addressed through publication in a newspaper of general circulation and posting on the Arkansas Towing and Recovery Board website when motor vehicle records do not identify an owner or lienholder.

A motor vehicle is deemed abandoned upon meeting one of these statutory conditions, which triggers the possessory lien and eventual public sale process.

Process To Obtain an Abandoned Vehicle in Arkansas

Understanding the Abandoned Vehicle Process

Arkansas employs a possessory lien and nonjudicial public sale mechanism for abandoned vehicle title transfer. A towing and storage firm holding a perfected possessory lien forecloses on that lien by conducting a nonjudicial public sale open to all members of the public. The purchaser at sale acquires ownership free of all prior liens upon compliance with statutory sale procedures. Possession alone does not transfer title; the statutory sale process is mandatory for lawful ownership transfer.

Report the Unclaimed Vehicle

The first procedural step follows lawful towing and storage. The towing and storage firm, municipality, or law enforcement agency must notify the Office of Motor Vehicle of the vehicle's removal within the required timeframe. If removal occurs at law enforcement direction, the towing firm receives identifying information from the requesting law enforcement agency and begins the statutory notice process immediately.

Verify Vehicle Title and Owner Records

Within the timeframe prescribed by statute, owner and lienholder identification must be established using official motor vehicle records. The towing firm accesses records maintained by the Office of Motor Vehicle, the Arkansas Crime Information Center, or the motor vehicle records of another state if the vehicle is believed to be registered outside Arkansas. A title, registration, and lien record search is available through the state portal for this purpose. If records do not identify an owner or lienholder despite reasonable investigation, the vehicle is treated as having an unknown owner and proceeds under the alternative notice procedures described below.

Send Required Notices

Notification to the registered owner and all lienholders of record is mandatory. Consistent with Arkansas Code § 27-50-1208, notice must be transmitted via certified mail with return receipt requested. The notice must be posted not sooner than two business days but within eight business days after the towing firm receives the vehicle's owner and lienholder information from law enforcement.

The notice must contain:

• the vehicle's year, make, model, and vehicle identification number,
• the towing and storage facility's name, address, and telephone number,
• a statement that towing, storage, and administrative charges are accruing as a legal liability of the owner,
• notice that a possessory lien is claimed for all such charges,
• notification that unless the vehicle is claimed within 45 days, it will be sold at public sale to the highest bidder,
• a statement that failure to exercise reclamation rights constitutes a waiver of all right, title, and interest in the vehicle,
• the owner's or lienholder's right to reclaim the vehicle during business hours upon proof of ownership and payment of all charges.

For vehicles with unknown or unlocatable owners, notice is given by publication in a newspaper of general circulation in the county where the vehicle was found and by posting on the Arkansas Towing and Recovery Board website. The publication and website posting must contain the same content required for certified mail notice and must occur within the applicable timeframe.

If the vehicle is reclaimed by the owner or lienholder before the 45-day period expires, the process terminates and the vehicle is released upon payment of accrued charges.

Allow the Statutory Holding Period

A mandatory 45-day period must elapse from the perfection of the towing lien through possession and proper notice before the vehicle may be offered for public sale. This holding period provides the owner and lienholder with a final opportunity to reclaim the vehicle.

File Notice of Public Auction

Prior to conducting a public sale, the towing and storage firm must file a Notice of Public Auction with the Arkansas Towing and Recovery Board. This filing must occur sufficiently in advance to allow compliance with all publication and posting requirements. Simultaneously, written verification that the Arkansas Crime Information Center records do not list the vehicle as stolen must be obtained on a form prescribed by the Office of Motor Vehicle, a municipal police department, a county sheriff's department, or the Department of Arkansas State Police.

Publish Auction Notice

Notice of the public sale must be published in a newspaper of general circulation in the county at least one time, at least ten days before the scheduled sale. Additionally, consistent with Act 794 of 2021, the notice must be posted on the Arkansas Towing and Recovery Board website at least 15 days before the sale. The notice must include the date, time, and location of the sale, a description of the vehicle, and information about the entity conducting the sale.

Conduct the Public Auction

The sale must proceed as a nonjudicial public sale open to all members of the public. The vehicle is offered to the highest bidder for cash. Any person, including the towing firm itself or the person in possession of the vehicle, may participate in and bid at the auction. The sale cannot occur earlier than 45 days after notice perfection and must occur within 90 days after the lien is perfected.

Complete the Bill of Sale and Title Documents

Upon sale completion, the towing and storage firm executes an affidavit stating that the vehicle has been towed and stored as an unattended or abandoned vehicle and that notice has been provided as required by statute to all registered owners and lienholders of record. The affidavit describes the vehicle by make, year, model, and vehicle identification number. A bill of sale is prepared for presentation to the purchaser and the motor vehicle office.

Apply For Title

The successful purchaser applies for a new certificate of title through the Office of Motor Vehicle within a reasonable period after purchase. The purchaser must submit the completed title application, the affidavit from the towing firm, the bill of sale, proof of statutory sale compliance, payment of the $10.00 title fee, and any applicable taxes. Upon verification that the sale procedure protected the rights of the original owner and lienholders, the Office of Motor Vehicle issues a new title to the purchaser free of all prior liens.

Bonded Title or Surety Bond Requirements

If the Office of Motor Vehicle determines that a regular title cannot be issued due to missing documentation or other deficiencies, Arkansas may allow a bonded title procedure. An applicant seeking a bonded title must submit a bill of sale and a VIN verification completed by an authorized law enforcement officer or Arkansas State Police on a prescribed form. The Office of Motor Vehicle research determines the bond amount required, if any, and communicates that determination and further instructions to the applicant.

Special Rules for Salvage, Rebuilt, or Inoperable Vehicles

If the vehicle carries a salvage brand or similar damage designation on its title, the abandoned vehicle sale process does not eliminate Arkansas salvage title requirements. The new title will carry the same salvage designation. If the vehicle was previously branded as salvage and has been repaired, the purchaser must comply with Arkansas salvage title rules, including inspection by an authorized rebuilder and issuance of a rebuilt title before the vehicle may be registered for road use.

Maintain Records

The towing and storage firm must retain all notification documents, mailing receipts, title search records, publication proofs, website posting confirmations, affidavits, and sale documentation for not less than three years from the date of the tow or recovery, consistent with 27 CAR § 170-110.

Arkansas Storage Fees and Financial Considerations

Storage Fee Rules

Storage charges may begin accruing only after the towing and storage firm receives owner and lienholder information from law enforcement or obtains such information from official records. A notification fee may not exceed the greater of $25 or the actual cost of postage for each required notice. Under Arkansas law, a single notification to multiple owners and lienholders constitutes one notification subject to the $25 limit.

Towing and Recovery Charges

Arkansas does not establish a uniform statewide towing price schedule applicable to all nonconsent removals. The Arkansas Towing and Recovery Board evaluates towing and recovery charges for reasonableness using factors including vehicle size, distance, labor requirements, equipment used, weather conditions, and regional market conditions. Licensed tow businesses participating in law enforcement rotation lists must report their current rates to the law enforcement agencies maintaining those lists.

Disputes Over Charges

A vehicle owner, lienholder, or insurer with a vested interest may file a consumer complaint with the Arkansas Towing and Recovery Board. Board investigators examine allegations of overcharges, improper authorization, or inadequate notice. The statutory review period for such disputes is 20 days after vehicle removal or 20 days after receipt of notice, whichever is later. Upon investigation, restitution, disciplinary action, or civil penalties may be imposed.

Sale Proceeds and Excess Funds

Contact Information

Arkansas Department of Finance and Administration, Office of Motor Vehicle
1900 W 7th St, Ste 1010, Little Rock, AR 72201
Phone: (501) 682-4692
Official Website: Arkansas Department of Finance and Administration, Office of Motor Vehicle