How To Claim an Abandoned Vehicle in Montana

Claiming an abandoned vehicle in Montana is a legal process administered by law enforcement agencies and the Montana Motor Vehicle Division. The procedure requires adherence to specific notice, notification, holding, and title application requirements established under Montana Code Annotated Title 61, Chapter 12, Part 4. Compliance with these procedures ensures that the removal, storage, sale, and transfer of ownership of abandoned vehicles occur within an orderly legal framework and protects the interests of law enforcement agencies, vehicle purchasers, and the prior owners and lienholders of record.

What Qualifies as an Abandoned Vehicle in Montana

Montana defines an abandoned vehicle based on its location and the duration of the abandonment. A motor vehicle is classified as abandoned and subject to removal by law enforcement or authorized parties in the following circumstances:

• Left unattended on a public highway for more than 48 hours. Any vehicle remaining unattended on the right-of-way of a state highway, U.S. highway, or interstate for 48 hours or longer may be taken into custody by the Montana Highway Patrol. If the vehicle is located on a county road right-of-way, the county sheriff has the authority to take the vehicle into custody under the same 48-hour threshold. Vehicles obstructing traffic or presenting a safety hazard to other motorists may be removed immediately by the appropriate law enforcement agency, without waiting the full 48-hour period.
• Left unattended on a city street for more than 5 days. A vehicle found on a city street that lacks current registration, license plates, or meets other abandonment indicators and has been unattended for 5 days or longer may be taken into custody by city police.
• Left unattended on public property for more than 5 days. Vehicles found abandoned on any public property, including state lands managed by the Department of Fish, Wildlife, and Parks, for a period exceeding 5 days may be removed by appropriate law enforcement or a game warden.
• Left unattended on private property for more than 5 days. A vehicle left on private property without the property owner's consent for more than 5 days may be removed at the request of the property owner or person in lawful possession or control of the private property. The sheriff of the county, city police, or tribal law enforcement agency (if a cooperative agreement exists) may authorize and execute such removal.
• Removed due to public safety concerns or as a result of an arrest. A vehicle may be taken into custody immediately if a law enforcement officer determines the vehicle constitutes a safety hazard, unreasonably interferes with the use of real property, or is involved in a traffic violation or crime. Vehicles also may be removed if the operator is arrested, taken into custody, or involved in a reportable traffic crash.
• Junk vehicle classification with a value of $500 or less. A vehicle that meets the legal definition of a junk vehicle and is determined to have a fair market value of $500 or less may be submitted directly for disposal in accordance with Montana's junk vehicle statutes without the normal notice and holding requirements.

Process To Claim an Abandoned Vehicle in Montana

Understanding the Abandoned Vehicle Process

Montana's abandoned vehicle process authorizes law enforcement agencies to take custody of abandoned vehicles and, after providing appropriate notification and holding periods, either sell the vehicle at public auction or release it to a qualified tow truck operator. The process differs depending on whether the vehicle is being sold at public auction, released to a qualified operator, or disposed of as a junk vehicle. A purchaser at a public auction obtains ownership by presenting the certificate of sale to the Montana Motor Vehicle Division. A qualified tow truck operator obtains ownership upon presenting a certificate of release and completing the appropriate title application forms. Ownership does not transfer automatically through possession; it transfers only through completion of the legal process and title application procedures.

Taking the Vehicle into Custody

When a vehicle is discovered abandoned, the appropriate law enforcement agency—Montana Highway Patrol, county sheriff, city police, tribal law enforcement agency, or Department of Fish, Wildlife, and Parks—may take the vehicle into custody. Law enforcement may use its own personnel and equipment or hire a towing company to remove and store the vehicle. If a law enforcement agency hires outside personnel or equipment, the agency may pay the removal charge directly, request reimbursement from the Montana motor vehicle recycling and disposal program administered by the Department of Environmental Quality, or authorize the towing company to submit a claim directly to the Department of Environmental Quality for payment.

Notify Other Law Enforcement Jurisdictions

Within 72 hours after a vehicle is removed and held by or at the direction of the Montana Highway Patrol, the Highway Patrol must notify the sheriff of the county or the chief of police of the city in which the vehicle is being stored. This notification must include the location and date of custody, the storage location, a complete vehicle description including year, make, model, vehicle identification number, and license number if available, removal and storage costs incurred to date, and any available ownership information.

Search Records and Ascertain Ownership

The sheriff or city police in the jurisdiction where the vehicle is being stored must conduct reasonable efforts to identify the owner, lienholder, or person entitled to possession of the vehicle. This is accomplished through searches of the Montana Motor Vehicle Division records and, if necessary, records in other states. If an owner or lienholder is identified, the sheriff or city police must notify that person of the vehicle's location.

Send Notice by Certified Mail or Publication

If the vehicle is registered in the Montana Motor Vehicle Division records, notice must be given by certified letter addressed to the registered owner and any lienholder of record at the latest address shown by the Department's records, with return receipt requested and postage prepaid. For vehicles with a standard 30-day reclaim period, the certified letter must be mailed at least 30 days before the vehicle is sold at public auction. For vehicles taken into custody as a result of an arrest, the certified letter must be mailed at least 60 days before the vehicle is sold at public auction.

If the identity of the last-registered owner cannot be determined, the registration does not contain an address for the owner, or it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by publication is sufficient. The notice must be published once in a newspaper of general circulation in the county where the vehicle is being stored. The published notice may contain multiple listings of abandoned vehicles and must be provided in the manner prescribed in Montana Code Annotated § 25-13-701.

Allow the Statutory Holding Period

After notice is sent by certified mail or publication, the vehicle must be held for the required statutory period before sale. For vehicles removed under the standard abandonment period, the owner or lienholder has 30 days from the date of notice to reclaim the vehicle. For vehicles taken into custody as a result of an arrest, the owner, lienholder, or person entitled to possession has 60 days from the date of notice to reclaim the vehicle.

Reclaim Opportunity

During the holding period, the owner, lienholder, or person entitled to possession may reclaim the vehicle at any time before it is sold. To reclaim the vehicle, the owner or authorized person must present satisfactory proof of ownership or right to possession to the sheriff or city police and pay all costs and expenses incurred in removal, storage, and custody. However, storage charges may not be imposed for more than 90 days, regardless of when the vehicle was taken into custody or when reclamation occurs.

Conduct Public Auction or Release to Qualified Operator

If the vehicle is not reclaimed within the required holding period, the sheriff or city police may sell the vehicle at public auction. The public auction must include notice posted in three public places in the county where the sale is to occur and publication of notice at least 1 week before the sale in a newspaper of general circulation published in the county, if one exists. The sale is conducted to the highest bidder, and any member of the public may bid, including the person in possession of the vehicle.

Alternatively, if the sheriff or city police elect not to sell the vehicle and the vehicle is being stored by a qualified tow truck operator, the sheriff or city police may release the vehicle to the qualified operator. A qualified tow truck operator means a person engaged in the business of towing or transporting vehicles for compensation and holding an active and valid towing operator license issued by the Montana Motor Vehicle Division in accordance with Montana Code Annotated § 61-8-903.

Execute Certificate of Sale or Certificate of Release

At the time of sale at public auction, the sheriff or city police must execute a certificate of sale in duplicate. The original certificate is delivered to the purchaser, and a copy is retained by the sheriff or city police. The certificate must contain the name and address of the purchaser, the date of sale, the consideration paid, a description of the vehicle, and a stipulation that no warranty is made regarding the vehicle's condition or title.

If the vehicle is released to a qualified tow truck operator, a certificate of release is executed in duplicate. The original certificate is delivered to the operator, and a copy is retained. The certificate must contain the name and address of the operator, the date of release, a description of the vehicle, including year, make, model, vehicle identification number, and license number if available, and a stipulation that no warranty is made as to the condition or title of the vehicle.

Apply for Title

A purchaser at a public auction may apply for a Montana certificate of title by presenting the certificate of sale to the Montana Motor Vehicle Division along with the required title fees as established by law. A qualified tow truck operator may apply for a title by presenting the certificate of release and completing the Application for Cancellation and Issuance of Certificate of Title to Tow Truck Operator (Form MV7A) along with payment of applicable fees.

The Montana Motor Vehicle Division shall issue a certificate of title upon presentation of the appropriate certificate and payment of the required fees. The title cannot be obtained until the Division receives the certificate of sale or certificate of release.

Special Rules For Junk Vehicles

Vehicles determined to be junk vehicles by law enforcement officials and having a fair market value of $500 or less may be directly submitted for disposal in accordance with Montana's junk vehicle disposal statutes without the normal notice and holding requirements. The county representative designated to implement the county motor vehicle recycling and disposal program shall determine the vehicle's fair market value. A law enforcement officer issues a release document that includes a description of the vehicle, and the vehicle is submitted to the appropriate disposal program. Licensed vehicles that otherwise meet the junk vehicle definition but have a value of $500 or less may also be disposed of under these provisions.

Maintain Records

Law enforcement agencies and towing companies must maintain records of all abandoned vehicles taken into custody, including documentation of removal authorization, storage location, owner and lienholder contact information, notification dates and methods, custody duration, sale or release information, and certificate execution dates. These records are subject to verification by the Montana Motor Vehicle Division and may be requested by county representatives administering the motor vehicle recycling and disposal program.

Montana Storage Fees And Financial Considerations

Storage and Reclamation Charges

A person reclaiming an abandoned vehicle must pay all costs and expenses incurred in the removal, storage, and custody of the vehicle to the sheriff or city police holding the vehicle. However, the person reclaiming the vehicle may not be required to pay storage charges for more than 90 days, regardless of how long the vehicle has been in law enforcement custody.

Costs and Proceeds from Public Sales

When a vehicle is sold at public auction, all removal, storage, and custody costs incurred by law enforcement are satisfied from the sale proceeds. If proceeds from the sale exceed the costs incurred, the balance is typically returned to the former owner, as provided by state law. The Department of Environmental Quality maintains guidance regarding the allocation of sale proceeds and the motor vehicle recycling and disposal program's reimbursement authority for removal charges.

Motor Vehicle Recycling and Disposal Program

The Department of Environmental Quality administers the motor vehicle recycling and disposal program, which provides funding for the removal, storage, and disposal of abandoned vehicles. Law enforcement agencies may recover removal charges through this program by submitting claims in an amount and manner established by the Department of Environmental Quality rules. Towing companies hired by law enforcement may request reimbursement directly from the Department of Environmental Quality.

Record Retention

Law enforcement agencies and towing companies must retain records of abandoned vehicle removal and storage activities in accordance with applicable state retention requirements.

Contact Information

Montana Motor Vehicle Division
302 North Roberts Street, Helena, MT 59601
Phone: (406) 444-3933
Official Website: Montana Motor Vehicle Division