How To Claim an Abandoned Vehicle in Mississippi

Claiming an abandoned vehicle in Mississippi involves a legal process governed by Mississippi Code Title 63, Chapter 23 and administered by the Mississippi Department of Revenue. The procedure requires compliance with specific notification timelines, statutory waiting periods, and title transfer requirements to ensure lawful acquisition of ownership. Possession of an abandoned vehicle does not automatically confer legal ownership; instead, the claimant must follow established procedures for sale, notice, and title documentation to obtain a clear title to the vehicle.

What Qualifies as an Abandoned Vehicle in Mississippi

Mississippi law recognizes four distinct categories of abandoned vehicles under Mississippi Code Section 63-23-3, each with specific conditions and timeframes that determine when a motor vehicle achieves abandoned status. The Official Abandoned Vehicles Guidance from the Mississippi Department of Revenue provides regulatory oversight and clarification on these categories.

A motor vehicle is considered abandoned under the following circumstances:

• Left at a dealer, repair shop, or wrecker service: A vehicle left by the owner or acting on the owner's behalf at an automobile dealer, repairman, or wrecker service for repair or for any other reason and not retrieved by the owner or agent within 40 days after the agreed-upon date or within 40 days of delivery to the service if no specific date was agreed upon.
• Unattended on public property: A vehicle left unattended on a public street, road, highway, or other public property for a period of at least 5 days.
• Lawfully towed at law enforcement request: A vehicle lawfully towed onto the property of another at the written request of a law enforcement officer and left there unclaimed for a period of not less than 40 days, with no one having made a claim to the vehicle.
• Unattended on private property: A vehicle left unattended on private property for a period of at least 60 days. Under HB1217 (effective July 1, 2024), private landowners are authorized to sell or dispose of abandoned vehicles meeting this 60-day criterion on their property, either through public auction or private sale.

These definitions establish the threshold for a vehicle to enter abandoned status and become eligible for sale or disposal under state law. The vehicle's classification, along with its location and the duration of its abandonment, determines the procedures, notice requirements, and permissible sale methods that must be followed.

Process To Claim an Abandoned Vehicle in Mississippi

Understanding the Abandoned Vehicle Process

Mississippi law authorizes specific parties to sell abandoned vehicles depending on how the vehicle came into their possession. Automobile dealers, wrecker services, repair service owners, and private parties on whose property a vehicle was lawfully towed at a law enforcement officer's written request are authorized to conduct public auction sales only. Private landowners whose property contains an abandoned vehicle may conduct either a public auction or a private sale. The auction process removes all claims, liens, and encumbrances against the vehicle, conveying a clear title to the purchaser. For vehicles determined to have no market value, disposal is permitted after obtaining at least 2 written statements from licensed automobile dealers confirming worthlessness.

Identify the Registered Owner and Lienholders

Before proceeding with the sale or disposal, the authorized party must inquire of the State Tax Commission as to the status of the vehicle regarding the Mississippi Administrative Code Title 35, Part VII. The inquiry must include a complete vehicle description and vehicle identification number. The Department will provide information on proper titling procedures depending on the method of disposition and will identify any registered owners or lienholders of record.

For vehicles with identifiable registered owners and lienholders, this information will be obtained from the state's vehicle title records. If the vehicle carries no Mississippi title or records cannot be located, the authorized party should inform the Department of this circumstance to proceed with the sale as an untitled vehicle.

Send Required Notices to Owner and Lienholders

The authorized party must notify the last-known registered owner and all lienholders of record within the statutory timeframe. Effective July 1, 2026, towing companies and repair shops are required to use an approved third-party vendor to send these notifications via certified mail within 7 days of receiving the vehicle, as outlined in Notice 79-26-01. Prior to July 1, 2026, the notification requirement was within 10 days. The notice must inform the owner and lienholder of the amount due, the date, time, and place of the intended sale, and must state that unless a claim is made within 30 days of the notice, the vehicle will be sold or destroyed.

If the identity of the last-known registered owner cannot be determined, if the registration contains no address for the owner, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by 3 publications, once each week for 3 consecutive weeks, in a newspaper of general circulation in the county where the vehicle was abandoned shall satisfy all notice requirements, as specified in Mississippi Code Section 63-23-9.

Any person proving ownership or any lienholder may claim the vehicle at any time prior to sale by paying all towing, repair, storage, and other necessary expenses incurred, pursuant to Mississippi Code Section 63-23-11. If a claim is made and the expenses are paid, the sale shall not proceed.

Allow the Statutory Waiting Period

Following notification, the authorized party must observe a mandatory waiting period before selling or disposing of the vehicle. For a vehicle left unattended on a public street, road, or highway, the vehicle shall not be sold at auction until 30 days have elapsed from the date of removal from public property. For a vehicle left unattended on private property and subsequently removed, the vehicle shall not be sold at auction until 30 days have elapsed from the date of removal from private property.

During this period, the registered owner and lienholders may reclaim the vehicle by paying all accrued towing, storage, repair, and related expenses. Expiration of the waiting period without a valid claim establishes that the vehicle may proceed to sale or disposal.

Conduct the Public Auction or Private Sale

After the waiting period expires and no valid claim has been made, the authorized party may sell the vehicle. Vehicles may be sold at public auction, which removes all claims, liens, and encumbrances, conveying title free and clear to the purchaser. Alternatively, private landowners may sell abandoned vehicles by private sale or dispose of them through other lawful means.

For public auction sales, the sale must be conducted on the date, at the time, and at the location specified in the notice to the owner and lienholders. The auction shall proceed through open bidding, with the vehicle sold to the highest bidder.

Complete the Affidavit of Abandonment and Title Documentation

After the sale is completed, the authorized party must complete the Affidavit of Abandonment and Motor Vehicle Sold (Form 78-009) and deliver it to the appropriate county authority. The affidavit must include a sworn statement certifying the date the vehicle first came into the authorized party's possession or was abandoned on the authorized party's premises, and the date the vehicle was sold. The affidavit must be accompanied by a list or itemization of the property sold, the amount paid for the vehicle, the name of the purchaser, all monies received from the sale, the gross charges levied against the vehicle, and the net amount due to be paid over to the county chancery clerk or municipality, as applicable.

The purchaser should obtain a bill of sale from the authorized party documenting the sale price and vehicle description. This bill of sale, along with the affidavit and sale documentation, will support the purchaser's application for title.

Apply For Title

The purchaser must apply for a Mississippi certificate of title through the Mississippi Department of Revenue or a designated county tax collector office. The application shall include the bill of sale from the abandoned vehicle sale, the Affidavit of Abandonment and Motor Vehicle Sold, and any other documentation required by the Department demonstrating that the vehicle was lawfully acquired through the abandoned vehicle process.

The purchaser must complete the appropriate title application form and submit it, along with the required documentation and the $9.00 title fee for a standard certificate of title. Processing time for a standard title is typically 3 to 4 weeks after receipt by the Department, unless additional documentation is required. A fast-track title procedure is available for $39.00, which issues a title within 72 hours of receipt.

Bonded Title Requirements

If the vehicle was acquired through an abandoned-vehicle sale and proof of prior ownership or a clear title history cannot be established, the purchaser may be required to obtain a certificate-of-title bond. Mississippi Code Section 63-21-23 requires a surety bond when proof of ownership is insufficient. The bond amount shall be equal to 1.5 times the value of the vehicle as determined by the Mississippi Department of Revenue. The bond must be in full force and effect for 3 years from the effective date. After 3 years with no claims against the title, the bond may be released and a clear certificate of title issued.

The purchaser must obtain the Certificate of Title Bond (Form 78-016) from an insurance company licensed to issue surety bonds in Mississippi and submit the completed form with the title application. Additional information on bonded title procedures is available through the Motor Vehicle Titles Frequently Asked Questions.

Special Considerations for Salvage Vehicles

If the abandoned vehicle's existing title indicates salvage status or substantial damage, the purchaser should be aware that any subsequent title issued will reflect this designation. Additional inspection and restoration requirements may apply depending on the vehicle's condition and the extent of prior damage or salvage history.

Maintain Records

The authorized party conducting the abandoned vehicle sale must maintain records of all procedures followed, including copies of all notices sent to the owner and lienholders, proof of mailing or publication, vehicle identification and condition documentation, the dates of all material actions taken, the affidavit of abandonment, the bill of sale, and all monies received and distributed. These records support the sworn affidavit submitted to the county chancery clerk and may be subject to review by the Mississippi Department of Revenue if questions arise regarding the sale's legitimacy.

Mississippi Storage Fees And Financial Considerations

Towing and Storage Charges

Towing and storage charges must be reasonable and proportionate to the actual costs incurred in removing, transporting, and storing the vehicle. Mississippi Code Section 85-7-251 governs towing and storage cost practices. Towing companies and storage facilities must provide written notice to the vehicle owner of all charges incurred before the vehicle may be sold for such charges.

Failure to make a good-faith effort to comply with notice and charging requirements may preclude the imposition of any storage or towing charges against the vehicle. Authorized parties conducting abandoned vehicle sales should maintain detailed records of all towing, storage, repair, and administrative expenses incurred, as these charges are deducted from sale proceeds before any funds are paid over to the county or retained by the authorized party.

Sale Proceeds and Fund Distribution

The proceeds from the sale of an abandoned motor vehicle are applied first to reimburse the authorized party for all repair, towing, storage, and other expenses incurred in connection with the sale. For sales conducted by automobile dealers, wrecker services, repair service owners, or persons on whose property a vehicle was lawfully towed at a law enforcement officer's written request, any excess proceeds beyond these expenses shall escheat to the county and be paid over to the county chancery clerk for deposit into the general fund of the county where the vehicle was abandoned. In municipalities that have adopted related provisions under Mississippi law, the excess proceeds may be paid to the municipality's general fund instead.

For sales conducted by private landowners, the proceeds remain the landowner's property.

Contact Information

Mississippi Department of Revenue, Motor Vehicle Services
500 Clinton Center Drive, Clinton, MS 39056
Phone: (601) 923-7200
Official Website: Mississippi Department of Revenue