How To Claim an Abandoned Vehicle in Massachusetts

Claiming an abandoned vehicle in Massachusetts involves distinct legal pathways governed by Massachusetts General Laws Chapter 90. The applicable process depends on whether the vehicle was abandoned on public or private property, taken into police custody, or left at a repair facility or towing company. Compliance with notice, hearing, and publication requirements is mandatory to ensure a valid transfer of ownership to a claimant or purchaser.

What Qualifies as an Abandoned Vehicle in Massachusetts

Massachusetts law defines an abandoned vehicle as any motor vehicle apparently abandoned by its owner and standing for more than 72 hours upon a public or private way or on any property without the permission of the owner or lessee. An abandoned vehicle may be either registered or unregistered. The 72-hour period begins when the vehicle is first observed in an abandoned state.

A person who abandons a motor vehicle on public or private property without consent is subject to civil penalties of $250 for the first abandonment and $500 for each subsequent abandonment, plus full liability for all removal, storage, and disposal costs incurred by the city or town. After three documented abandonments by the same person, each subsequent abandonment results in the revocation of that person's license to operate a motor vehicle for 1 year.

Authority to take possession of abandoned vehicles rests with street superintendents, police officers, and other officers having charge of public ways in a city or town, as well as captains and lieutenants of the state police.

Process To Claim an Abandoned Vehicle in Massachusetts

Understanding the Abandoned Vehicle Process

Massachusetts law establishes two primary pathways for the disposition of abandoned vehicles. The first applies when a police officer or municipal officer takes custody of an abandoned vehicle deemed worth more than the costs of removal, transportation, and storage. In this scenario, the vehicle is transferred to police custody for disposition, and title ownership may be transferred through procedures established by the Massachusetts Registry of Motor Vehicles. The second pathway applies when a towing company is hired by law enforcement or a public authority to remove and store an abandoned vehicle; the towing company may acquire a lien and conduct a sale after completing statutory notice and publication procedures. Vehicles determined to be worth less than disposal costs may be disposed of as refuse without further proceedings. Possession of an abandoned vehicle does not automatically confer ownership; only compliance with the law and RMV approval result in a valid title transfer.

Determination and Tagging of Abandoned Vehicles

When a police officer, street superintendent, or other officer having charge of public ways reasonably determines that a vehicle has been apparently abandoned for more than 72 hours on a public or private way or on any property without permission, that official may affix a tag to the vehicle. The tag must contain the following information:

• Current date
• Vehicle's location
• Make and color
• Registration number (if any)
• Vehicle identification number
• Telephone number or address where the owner may obtain information regarding the vehicle's status
• Information about the hearing procedure for abandoned vehicles
• Statement that after a specified period of time, the vehicle may be towed and disposed of

Owner Notification and Hearing

If the owner's identity is ascertained after tagging, the parking clerk or designee shall send written notice by first-class mail to the owner's last-known address as shown in Registry of Motor Vehicles records. The notice shall be deemed sufficient whether or not it is actually received. The notice must state the current date, vehicle location, make, color, registration number, vehicle identification number, the amount of civil penalty and costs assessed, and the scheduled date, time, and location of a hearing before a hearing officer. The owner has the right to request an immediate hearing by appearing at the parking clerk's office during regular business hours and requesting expedited consideration. Otherwise, a hearing shall be conducted before a hearing officer (the parking clerk or a designee) at the scheduled time.

Hearing Procedure and Decision

All hearings are informal; rules of evidence do not apply. The owner may appear in person to contest or confess the alleged violation, or do so through an authorized agent or by mail. If the owner fails to appear at a hearing or fails to pay the assessed fine and costs, the parking clerk shall notify the Registry of Motor Vehicles. The RMV shall place the matter on record and shall not renew the vehicle owner's license to operate a motor vehicle. If the abandoned vehicle is registered in the owner's name or was last registered in the owner's name, the registrar shall prohibit registration and renewal of any motor vehicle under that owner's name. An additional $10.00 charge is assessed against the owner of the abandoned vehicle. This $10.00 charge is collected by the city or town and reported monthly to the RMV.

Vehicle Value Determination and Disposal Decision

The parking clerk determines whether the abandoned vehicle is worth more than the cost of its removal, transportation, 3 days' storage, and expenses incidental to disposal. If the vehicle is deemed worth less than these costs, the clerk may direct the carrier to take possession and dispose of the vehicle as refuse. Neither the clerk, the carrier, nor the city or town incurs liability for such disposal. A record of disposal is maintained for 2 years. The vehicle owner is notified as provided and shall pay all charges for removal, transportation, storage, and disposal within 14 days after mailing of the notice.

If the vehicle is deemed worth more than disposal costs, the parking clerk shall take possession of the vehicle and either deliver it to the officer or member of the police department designated by departmental rules as custodian of lost property or, in the case of state police, may dispose of the vehicle pursuant to state procedures for lost property.

Police Custody and Title Transfer to Third Party

When a vehicle is transferred to police custody as the custodian of lost property, ownership may be transferred to a third party through the RMV. To obtain a title, the party claiming ownership must submit to the RMV a bill of sale from the government entity selling the vehicle that states the statute authorizing the sale and an affidavit of fact if the vehicle details are not listed on the bill of sale. The RMV will process the title transfer upon approval of all documentation.

Towing Company Procedures Following Police Order

If a vehicle is towed by a towing company at the order of law enforcement or another public authority, the towing company may acquire a lien and ultimately transfer ownership if the vehicle is not reclaimed within the statutory period. The towing company must provide written notice to the vehicle owner via registered mail with return receipt within 7 days of the tow date. This first notice must inform the owner of the location where the vehicle is held and the applicable storage charges.

At least 60 days after the towing company took possession of the vehicle, the company must send a second notice via registered mail with return receipt to the vehicle owner. This final notice must inform the owner of the current storage charges and state that the vehicle will be sold if not claimed within 21 days from the date of the notice.

Publication Requirements for Towing Company Sale

Following the second notice to the owner, the towing company must publish notices of sale in a newspaper with circulation in the city or town where the vehicle is stored. The initial publication date must be at least 21 days after the second notice to the owner. The notice must be published for 3 weeks in a row and must include information sufficient to identify the vehicle and notify the public of the intended sale.

The towing company must also notify the chief of police in the city or town where the garage or storage facility is located that the vehicle is to be sold. This notification must be provided at least 5 or more days before the date of sale.

Sale and Bill of Sale

The sale may proceed only after the bill of sale date is at least 3 weeks after the initial newspaper publication and at least 5 days after the notification to the chief of police. The towing company shall conduct the sale and issue a bill of sale to the buyer, documenting the sale price and vehicle details.

Title Transfer for Towing Company Sales

The buyer must submit to the RMV a completed Registration and Title Application (RTA), an Affidavit of Sale of Involuntarily Towed Vehicle, and the following documentation:

Proof of tow:

• Tow was ordered by law enforcement or other public authority
• Date of the tow
• Reason for the tow
• Location from which the vehicle was towed
• Storage location
• Authorizing officer's name

Owner notification documentation:

• First notice to the owner showing the date of notice (not more than 7 days after the tow date)
• Second notice showing the date sent (at least 60 days after tow company took possession)
• Copies of the newspaper listings showing the initial publication date at least 21 days after the second notice date
• Evidence that the notice ran for 3 weeks consecutively

Police notification:

• Written notice from the towing company to the chief of police, delivered at least 5 or more days before the sale date

The application must be submitted to the RMV through designated business-to-business counters. Upon approval of all documentation and verification that all statutory requirements were met, the RMV issues a certificate of title in the buyer's name.

Undocumented or Bonded Title Status

If the vehicle is undocumented (lacking required transfer documents), the RMV may require the buyer to file a surety bond as a condition of issuing a certificate of title. The bond amount must equal 1.5 times the National Automobile Dealers Association clean trade-in value of the vehicle. To obtain bonding approval, the buyer must submit a notarized affidavit attesting to the complete history of the vehicle as known, including the model year, make, and vehicle identification number; a completed visual inspection of the vehicle identification number; and any other documentation pertaining to the vehicle's transfer of ownership, such as bills of sale or canceled checks.

Garage Keeper and Storage Facility Sales

A vehicle left at a repair shop, public parking garage, or other storage facility for non-payment of repair or storage fees may be acquired and sold by the facility. However, such sales require a court order. The garage or storage facility must obtain judicial authorization before acquiring and selling the vehicle. The specific procedures for acquiring the vehicle and transferring title depend on the terms of the court order. The documents required for RMV title transfer typically include a copy of the court order and, depending on the court's direction, may also include a copy of execution or a sheriff's bill of sale. Sale proceeds are applied first to satisfy the garage keeper's or facility's charges for repair, storage, or related expenses, with any surplus distributed in accordance with law.

Maintain Records

All documentation related to the abandoned vehicle claim must be retained, including the affixed tag, owner notification letters, proof of mailing, hearing records, bill of sale, publication proofs, notice to chief of police, and RMV-issued title documents.

Massachusetts Storage Fees and Financial Considerations

Civil Penalties for Vehicle Abandonment

A person who abandons a motor vehicle incurs a civil penalty of $250 for the first abandonment and $500 for each subsequent abandonment. In addition to civil penalties, the abandoner is liable for all costs incurred by the city or town in removing or disposing of the vehicle, including towing, storage, processing, and disposal charges.

Costs Charged to Vehicle Owner

If a vehicle is deemed worthless and disposed of as refuse, the owner remains liable for removal, transportation, 3 days' storage, and disposal expenses. The owner must pay these charges within 14 days after mailing the notice of disposal or face additional civil penalties and the non-renewal of the driver's license and vehicle registration.

Towing and Storage Charges

If a vehicle is held by a towing company pending sale, storage charges begin from the date of tow and continue until sale. These charges are deducted from the sale proceeds. The owner is liable for any deficiency if the sale proceeds are insufficient to cover all removal, transportation, storage, and sale expenses.

Multiple Abandonment Consequences

If the Registry of Motor Vehicles records indicate that an owner has abandoned vehicles on three separate occasions, each resulting in a fine, the fourth and subsequent abandonment results in the revocation of the owner's license to operate a motor vehicle for 1 year. The 1-year period commences on the date the parking clerk's records indicate a hearing was held and a fourth or subsequent abandonment was found, or on the date a fine by mail confessing a fourth or subsequent abandonment was received.

Excess Sale Proceeds

When a towing company sells an abandoned vehicle, any proceeds exceeding all costs of removal, transportation, 3 days' storage, and disposal expenses belong to the original vehicle owner. The owner may file a claim for such excess proceeds. The towing company or seller must maintain records and pay such proceeds to the owner upon a valid claim.

Contact Information

Massachusetts Registry of Motor Vehicles
10 Park Plaza, Suite 3800, Boston, MA 02116
Phone: (857) 368-8580
Official Website: Massachusetts Registry of Motor Vehicles