QuestionQUESTION: I work for a lein holder and wanted to know the statue for the state of Alabama pertaining to impounds, shops, etc. Fees that they are allowed to charge if not properly notified, length of time lienholder is to be notified, and if any fees at all can be charged with this situation. Also would you know a general website that we could go to obtain the statue for all 50 states in this matter?
Thanks
ANSWER: Here is the state code for abandoned vehicles. There is not really any one good site to find all of them, but I am also in Alabama. You can find me (president) apia-online.com I will be glad to help you. Generally you are given a time frame to notify the last registered owner and lien holder (not less than 30 days nor more than 60).I have also attached a copy of the instructions for the abandoned motor vehicle form. If you need anything else just let me know.
Section 32-13-3
Authority to sell; notice; issuance of clear bill of sale.
(a)(1) Any automobile dealer, wrecker service or repair service owner, or any person, firm, or governmental entity on whose property a motor vehicle is lawfully towed at the written request of a law-enforcement officer, or the owner or lessee of real property, or his or her agent upon which an abandoned motor vehicle as defined in subdivision (1), (3), or (4) of Section 32-13-1 has become abandoned, and who has the abandoned motor vehicle as defined in subdivision (1), (3), or (4) of Section 32-13-1 on his or her property, may sell the motor vehicle at public auction.
(2) Any person, firm, or governmental entity on whose property an abandoned motor vehicle as defined in subdivision (2) of Section 32-13-1 has been lawfully towed, or the owner or lessee of real property or his or her agent upon which an abandoned motor vehicle as defined in subdivision (2) of Section 32-13-1 has become abandoned, and who has the abandoned motor vehicle as defined in subdivision (2) of Section 32-13-1 on his or her property, except motor vehicles which have been claimed within seven days after being towed, and who has notified or attempted to notify by certified mail, return receipt requested, the current owners, registrants, and lienholders of record, if any, after the abandoned motor vehicle was lawfully towed onto his or her property, may, 60 days after the abandoned vehicle was lawfully towed, sell the motor vehicle at public auction. In addition, if notice was not given or attempted to be given as provided herein to the current owners, registrants, secured parties, and lienholders of record, if any, for the motor vehicle, no additional storage charges may be added after 30 days.
(3) The person, firm, or governmental entity giving notice under this section shall obtain from the Department of Revenue in writing, a statement, form, or document listing the name and address of the current owners, registrants, secured parties, and lienholders of record, if any, for the motor vehicle or a statement, form, or document that the department has no information of record concerning the current owners, registrants, secured parties, and lienholders of record for the motor vehicle. The actual cost of giving notification, not to exceed twenty-five dollars ($25), plus the actual cost of the records request, which shall be properly documented to the current owners, registrants, secured parties, and lienholders of record, if any, for the motor vehicle shall be paid by the person, firm, or governmental entity holding the motor vehicle, but shall be paid by the current owners, registrants, secured parties, and lienholders of record, if any, for the motor vehicle on or before claiming the motor vehicle. The return of a certified letter unclaimed or equivalent documentation as determined by the department shall be proof of an attempt to give notice as required by this subsection.
(b) Notice of the date, time, and place of the sale and a description of the motor vehicle to be sold, including the year, make, model, and vehicle identification number, shall be given by publication once a week for two successive weeks in a newspaper of general circulation in the county in which the sale is to be held. In counties in which no newspaper is published, notice shall be given by posting such notice in a conspicuous place at the courthouse. The first publication or posting, as the case may be, shall be at least 30 days before the date of sale.
(c) Upon payment of the sales price, the purchaser shall be entitled to and the person, firm, or governmental entity making the sale shall issue a bill of sale, in a form as prescribed by the Department of Revenue, to the abandoned motor vehicle, free and clear of all liens, security interests, and encumbrances. Notwithstanding the foregoing, if the person, firm, or governmental entity making the sale of the motor vehicle failed to provide notice, or did not attempt to provide notice to the current owners, registrants, secured parties, and lienholders of record, if any, for the motor vehicle in the manner required herein, then the sale of the abandoned vehicle shall be void and the current owners, registrants, secured parties, and lienholders of record, if any, for the motor vehicle shall retain their ownership, security interests, liens, and interests in the motor vehicle.
(Acts 1971, No. 1154, p. 1999, §3; Acts 1983, No. 83-494, p. 691, §1; Acts 1989, No. 89-758, p. 1534, §3; Act 98-256, p. 423, §1; Act 2003-402, p. 1170, §1; Act 2006-414, p. 1027, §1.)
810-5-75-.31.02 Abandoned Motor Vehicle Record Request (Form MVT 32-13).
(1) The term "department" as used in this regulation shall mean the Department of Revenue of the State of Alabama.
(2) The term "abandoned motor vehicle" as used in this regulation shall refer only to a motor vehicle as defined in Section 32-8-2, Code of Alabama 1975, as amended.
(3) Any person or firm in possession of an abandoned motor vehicle is required to give written notice by certified mail to the current owner, secured parties, and lienholders of record at least 30 days prior to the date of the planned sale of the vehicle. Information regarding the name and address of the current owner, secured parties, and lienholders of record shall be obtained only from the department by submitting the following:
(a) A completed Form MVT 32-13 – Abandoned Motor Vehicle Record Request.
1. Up to 10 vehicles may be listed per form using the vehicle identification numbers (VIN), year, make, model, and Alabama license plate number (if vehicle has a license plate) of the vehicle(s).
2. Name of individual, company, association, or firm, as well as the telephone number, and address of the requestor must be provided.
3. Form must be signed by the party requesting the information, or a representative of the company, association, or firm requesting the information.
(b) Fee(s) (See Section 32-8-6, Code of Alabama 1975, as amended, for Schedule of Fees and Commissions for title records, and Regulation 810-5-1-.231 for registration records).
1.Payment of record search fee(s) shall be in certified funds (personal checks will not be accepted).
2.Payment of record search fee(s) may be in cash, if paid in person at the department's office (do not mail cash).
3.A record search fee(s) is due on each vehicle record requested on an Abandoned Motor Vehicle Record Request Form MVT 32-13 (nonrefundable or transferable).
4.Records will be provided on a certified Abandoned Motor Vehicle Record Request Response statement for the vehicle identification number (VIN) requested on an Abandoned Motor Vehicle Record Request Form MVT 32-13. It shall be the responsibility of the requesting party to submit an additional record search fee and a new Abandoned Motor Vehicle Record Request Form MVT 32-13 to obtain a corrected Abandoned Motor Vehicle Record Request Response statement, if an incorrect vehicle identification number (VIN) is provided to the department.
5. Title and registration record search fees shall be charged for records requested on a vehicle required to be titled. Only a registration record search fee shall be charged for records requested on a vehicle not required to be titled (See Section 32-8-31, Code of Alabama 1975, as amended).
(4) Upon receipt of a properly completed Abandoned Motor Vehicle Record Request Form MVT 32-13 and the applicable record search fee, the department shall provide the requesting party a certified Abandoned Motor Vehicle Record Request Response statement containing a vehicle identification number (VIN) record of all current owner(s) and lienholder(s) information (names and addresses) on file for the vehicle.
(5) In the event department records contain no information for a vehicle identification number (VIN) submitted on an Abandoned Motor Vehicle Record Request Form MVT 32-13, the department shall provide the requesting party a certified Abandoned Motor Vehicle Record Request Response statement that the department has no record for the vehicle.
(6) It shall be the responsibility of any party selling an abandoned motor vehicle to present to the clerk of the circuit or district court of the county in which the report of sale is filed, a copy of the certified Abandoned Motor Vehicle Record Request Response statement (either certifying current records or certifying that the department has no records) received from the department in response to the Abandoned Motor Vehicle Record Request Form MVT 32-13 submitted by the selling party.
Authority: Sections 40-2A-7(a)(5) and 32-8-3(b)(2), Code of Alabama 1975. History: New rule: Filed March 17, 2004, effective April 21, 2004.
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QUESTION: What do I do in the event that the shops/impounds will not comply with the statue and tell me that fees will have to be paid in order to receive the vehicle?
AnswerIf they have not complied with the state laws you can report them to the state. I can't remember who is handling that now, but they actually are in violation of the law. I would recommend sending them a letter including the information that I provided you (mainly the parts that they did not comply with) and advise them that you are willing to pay reasonable towing and storage fees but nothing more. Let them know that if they do not comply then you will file a complaint with the state attorney generals office. There is also always the better business bureau, which you can file a complaint on line with now and if they are on the internet ripoffreport.com always seems to cause them inconvenience. let me know what you find out.
