How To Claim an Abandoned Vehicle in Louisiana

Claiming an abandoned vehicle in Louisiana requires adherence to specific statutory procedures established under Louisiana Revised Statutes Title 32. The state recognizes two primary paths to vehicle disposition: municipal or parochial authority sale following a 3-month holding period and direct disposal by towing or storage facilities under specified conditions. Compliance with notice, timing, and documentation requirements is essential to establish a valid transfer of title and protect the interests of all parties.

What Qualifies as an Abandoned Vehicle in Louisiana

Louisiana law defines an abandoned motor vehicle according to the following criteria:

A motor vehicle that is inoperable and is left unattended on public property for more than 24 hours
A motor vehicle that is inoperable and is left unattended on the shoulder or right-of-way of an interstate or 4-lane highway for more than 24 hours
A motor vehicle that has remained illegally on public property for a period of more than 24 hours
A motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than 3 days

A vehicle becomes subject to disposition proceedings once these conditions are met and law enforcement or a storage facility initiates the applicable statutory process. The specific path depends on whether the vehicle has been seized by a municipality or parochial authority, towed to a storage facility, or left for repair or storage at a commercial establishment.

Process To Claim an Abandoned Vehicle in Louisiana

Understanding the Abandoned Vehicle Process

Louisiana provides distinct procedures for the disposition of abandoned vehicles depending on the possessor's status and the vehicle's circumstances. Municipalities and parochial authorities may sell abandoned vehicles seized for illegal parking or abandonment through a public auction following a 3-month holding period. Towing and storage facilities may obtain permits to sell or dismantle vehicles after specified notice periods. Motor vehicle dealers and repair facilities holding vehicles for storage or repair may, under Louisiana Revised Statutes § 32:1720, exercise disposal rights and dispose of the vehicle through public sale after providing proper notice to the owner and known lienholder. Direct possession of an abandoned vehicle does not automatically confer ownership; formal title transfer requires execution of an official bill of sale and filing with the Louisiana Office of Motor Vehicles.

Municipal and Parochial Authority Sale

A municipality or parochial authority that has seized a motor vehicle for illegal parking, stationing, or abandonment shall consider the vehicle abandoned once it remains unclaimed for 3 months or more. Within 10 days of seizure, the municipality or parochial authority must send a registered or certified letter with return receipt requested to the owner at the owner's last known address, informing the owner that the vehicle is held by the authority and will be sold to the highest bidder unless the owner claims the vehicle and pays all removal and detention costs before the date of sale. A copy of this letter must also be sent to any known lienholder. Upon expiration of the 3-month period, the authority must send a second registered or certified letter with identical content to both the owner and any known lienholder.

Appraisal and Publication Requirements

Before sale, the municipality or parochial authority must have the vehicle appraised by a competent appraiser. The authority must then publish a notice of the proposed sale in the official journal of the municipality or parish not fewer than 3 times within a 10-day period prior to the date of sale. The published notice must include a complete list of vehicles to be sold, the date and place of sale, and notification that vehicles will be sold either individually or collectively (in globo) to the highest bidder, at the discretion of the municipality or parochial authority.

Conduct the Public Auction

The vehicle shall be sold at public auction to the highest bidder at the advertised date, time, and location. Any member of the public, including the municipality or parochial authority, may participate in the bidding process. The vehicle transfers to the purchaser upon payment of the winning bid amount.

Generate Bill of Sale and Disburse Funds

Following the sale, the municipality or parochial authority must issue a notarized bill of sale to the purchaser. All funds received from the sale must be placed in a separate account. If, within 1 year following the date of sale, the owner or lienholder presents sufficient proof of ownership or lien to the municipality or parochial authority, that party is entitled to receive the amount realized for the vehicle less the owner's or lienholder's pro rata share of costs and expenses of the sale, plus all charges and costs due for removal and storage. Any unclaimed funds remaining after 1 year from the sale date must be deposited into the municipality's or parish's general fund.

Apply For Title

The purchaser must apply for a Louisiana title through the Louisiana Office of Motor Vehicles using the Vehicle Application Form (DPSMV 1799). Required documents include the notarized bill of sale, proof of payment for removal and storage costs, and the vehicle's identification information. The application and supporting documents must be mailed or delivered to the Office of Motor Vehicles headquarters or submitted through a Public Tag Agent location. Standard title fees apply; current fees include a $68.50 title fee, $15.00 lien recordation fee (if applicable), $8.00 handling fee, and a local fee not to exceed $6.00, plus applicable license plate fees and sales tax.

Towing and Storage Facility Disposal

A towing or storage facility may obtain a permit to sell or a permit to dismantle a stored vehicle if specific conditions are met. After 45 days from the original storage date or the adjusted storage date, the facility must send a final notice to the vehicle owner and any lienholder. For vehicles that are five years old or newer in a non-consensual tow or non-consensual storage situation, the final notice must be sent by certified mail with electronic return receipt requested. For vehicles over five years old, the final notice must be sent by mail with a certificate of mailing. The notice must inform the vehicle owner that unless all outstanding charges are paid and the vehicle is claimed or arrangements are made for continued storage, the facility may apply for a permit to sell or dismantle after an additional 15 days from the date the final notice is mailed. The facility may not charge storage fees beyond the 90th day from the original storage date or the adjusted storage date, unless the permit-to-sell application was submitted prior to that 90-day deadline.

To obtain a permit to sell or dismantle, the facility must provide to the Louisiana Office of Motor Vehicles a copy of the stored vehicle report including owner and lienholder information, copies of the first and final notices sent to the owner and lienholder, original certificates of mailing or certified mail receipts with unopened envelopes bearing postal markings, an appraisal based on the National Automobile Dealers Association Guide prepared by an independent appraiser, a photograph of the vehicle in its current condition, and if required by the department, an affidavit of physical inspection completed by a Peace Officer Standards and Training (P.O.S.T.) certified law enforcement officer trained and certified by the Department of Public Safety and Corrections office of state police.

Disposal of Low-Value Vehicles by Municipalities

Municipalities and parochial authorities may also utilize an expedited procedure for vehicles with a fair market value of $500 or less. Under Louisiana Revised Statutes § 32:1728.3, a towing operator (owner-operator) in possession of such a vehicle at the request of a municipality or parochial authority may crush or dismantle the vehicle after satisfying notice requirements and obtaining a post-inspection affidavit from a certified law enforcement inspector. The operator may proceed with destruction 30 days after mailing notice by certificate of mailing to the registered owner and lienholder. Within 7 business days of crushing or dismantling, the operator must execute an affidavit on the form provided by the Office of Motor Vehicles and send it by certificate of mailing, detailing the vehicle description, vehicle identification number, inspection findings, and photographs of all four sides prior to destruction. Records of physical inspection, appraisal, photographs, the original stored vehicle report, documentation of the municipal or parochial request, copies of notices, and proof of mailing must be maintained for at least 3 years and remain open to inspection by law enforcement.

Dealer and Repair Facility Lien Sales

A motor vehicle dealer or repair facility holding a vehicle for storage or repair may dispose of the vehicle and collect storage or repair charges if the vehicle is abandoned. Under Louisiana Revised Statutes § 32:1720, the facility must follow the notice procedures established in that section, which require written notice of the facility's possession and charges to the owner and any lienholder. The facility may sell or otherwise dispose of the vehicle through advertisement and public sale. Sale proceeds must first satisfy the facility's charges and costs; any excess is held for the owner or lienholder. A notarized bill of sale must accompany the title application for the purchaser to obtain a Louisiana certificate of title.

Maintain Records

All records related to the abandoned vehicle transaction must be maintained for a minimum of 3 years. For municipal or parochial sales, records must include copies of certification letters sent to owners and lienholders, original U.S. Post Office receipts or unopened certified envelopes with postal markings, the appraiser's valuation, the publication notice and proof of publication in the official journal, the notarized bill of sale, and documentation of fund disbursement. For storage facility sales, records must include the stored vehicle report, first and final notices, evidence of mailing, the appraiser's valuation, photographs of the vehicle in its current condition, and the physical inspection affidavit if required.

Louisiana Storage Fees and Financial Considerations

Storage Fee Limitations

Towing and storage facilities are limited in the duration of storage fees that may be charged. Storage charges may continue until the 90th day from the original storage date or the adjusted storage date, or until the permit to sell is issued if the application was submitted prior to the 90th day. After the 90th day (or upon permit issuance), the facility may no longer assess storage charges. During any dispute over charges, the facility must cease accruing storage fees pending resolution of the complaint.

Dispute Resolution

If a dispute arises over towing or storage charges, the vehicle owner or designated representative may file a written complaint with the towing and recovery service provider. Upon receipt of a complaint, the facility must cease accruing all storage charges during the dispute review process.

Sale Proceeds and Remittance Requirements

For vehicles sold by municipalities or parochial authorities, all proceeds from sales must be deposited into a separate account maintained by the municipality or parish. Owners and lienholders may claim their proportionate share of proceeds within 1 year of the sale date, receiving the sale amount less their pro rata portion of sale costs and all removal and storage charges. Any funds not claimed within 1 year revert to the municipality's or parish's general fund. For vehicles sold by storage facilities, proceeds must be applied first to the facility's charges and costs, with any excess held for the owner or lienholder claim.

Contact Information

Louisiana Office of Motor Vehicles
7701 Independence Boulevard, Baton Rouge, LA 70806
Phone: (225) 925-6146
Official Website: expresslane.la.gov