State of Alaska

Department of Administration

Division Of Motor Vehicles

Alaska Department of Administration, Divison of Motor Vehicles
Administration >  Motor Vehicles >  Abandoned Vehicles                                             
 

     

Abandoned Vehicles

MECHANIC’S LIEN | IMPOUND LIEN | US GOVERNMENT IMPOUND

An abandoned vehicle is defined as a "...vehicle which has been left unattended, standing, parked upon or within 10 feet of the traveled portion of the highway in excess of 48 hours, or a vehicle left standing or parked on private property in excess of 24 hours or upon other public property for more than 30 days, without consent of the owner or person in charge of the property..."It is unlawful to abandon a vehicle.

A peace officer or an employee authorized by the State, a municipality or borough may remove or have the vehicle removed to a place of storage.

A vehicle abandoned on public or private property. (AS 28.11.020)

  • The owner of private property on which a vehicle has been abandoned, may request in writing to the municipality, that the vehicle be removed (AS 28.11.030). The State or municipality may then sell the vehicle at public auction. The buyer of the vehicle at public auction may then apply for a title by surrendering the affidavit of sale of a vehicle for towing and/or storage lien along with an Application for Title and Registration, completed in full. (Form 812 or 812A)

A vehicle abandoned on private property. (AS 28.11.025)
In addition to removal of an abandoned vehicle under AS 28.11.020, a vehicle that is left standing or parked on private property without the consent of the private property owner and for a period of six months is presumed to be an abandoned vehicle and title to the vehicle may be transferred to the private property owner as provided under AS 28.11.025.

  • A person who claims ownership of an abandoned vehicle shall provide notice of the claim to the vehicle owner of record and to lien holders in the manner prescribed for giving notice by the department under AS 28.05.121. The notice must state the description of the vehicle including VIN, the location of the vehicle and the period of abandonment.
    • Notice may be given either by personal delivery to the person to be notified or by registered or certified mail, return receipt requested, addressed to the person at the address of the person as shown in the records of the DMV. The giving of notice by mail is considered complete upon the return of the receipt or upon return of the notice as undeliverable, refused, or unclaimed. Proof of the giving of notice in either manner may be made by the affidavit of the person giving the notice by personal delivery or by mail, naming the person to whom the notice was given and specifying the time, place, and manner of giving the notice.
    • If the vehicle is not registered in this state or the name and address of the registered or legal owner or lien holder cannot be ascertained, notice shall be given by publication in the manner prescribed in the rules of the court for service of process by publication (published in a newspaper located near vehicle owners address of record).
  • If an abandoned vehicle is not reclaimed within 30 days after notice is given a, the title to the vehicle maybe transferred to the owner of the private property on which the vehicle is located.
  • To sell the vehicle the property owner must first have the title transferred to their name. 
  • An abandoned vehicle must be inspected due to the lack of titling documents provided. The inspection is used to verify that the correct VIN is being used to create the title documents and to help in the prevention of theft and fraud .

Title Requirements:

  • Claim Of Ownership Of Abandoned Vehicle By Private Property Owner (Form 825)
  • Application for Title and Registration, completed in full. (Form 812 or 812A)
  • Copy of¬† Notice sent,
  • The completed ¬†return receipt or the notice returned as undeliverable, refused, or unclaimed(unopened)
  • Certificate Of Vehicle Inspection (Form 811) - (Form 811 must be completed by and the vehicle must be physically inspected by a DMV staff member or your local law enforcement agency or 3rd Party Inspector).

 


Mechanics or Impound Lien Sales

There are two types of lien sales that come about due to specific types of circumstances. Following are the specifics regarding each type of lien.

  • Work/Storage (Mechanic’s) Lien - The registered owner of the vehicle MUST request that work be performed on their vehicle, either by a work order, written contract or verbal agreement. If the owner of the vehicle does not return to pay the charges, or refuses to pay them, the mechanic performing the work has a lien on the vehicle for the just and reasonable charges for the labor performed and material furnished.
  • Towing/Storage (Impound) Lien - A person who is in the business of towing and/or storing vehicles and who tows and/or stores a vehicle at the request of the vehicle owner, a peace officer, or an owner of property where the vehicle is parked without consent, has a possessory lien on the vehicle.

In either of these situations, the lien remains in effect while the vehicle is in possession of the person who performed work on the vehicle or towed and stored the vehicle. The vehicle may be sold to pay the charges. Following are statutes and procedures that apply to each specific type of lien sale.

 

WORK/STORAGE (MECHANIC’S) LIEN - AS 34.35.175 (Form 859)
Specific Requirements of Sale:

  • Charges have not been paid within three (3) months after the work was performed.
  • The sale shall be held in the recording district where the vehicle was left for repairs.
  • Notice of Public Sale must be given to the owner by registered letter before the vehicle can be sold. If there is a lien holder showing on DMV records, the lien holder must be notified in the same manner.
  • Notice of Public Sale must be posted in three (3) public places within the recording district for at least ten (10) days before the vehicle is sold. One of the notices must be at or near the front door of the post office nearest the place of sale.
  • Certificate Of Vehicle Inspection (Form 811) - (Form 811 must be completed by and the vehicle must be physically inspected by a DMV staff member or your local law enforcement agency or 3rd Party Inspector).An individual may obtain a special one-way trip permit from DMV for the purpose of bringing the vehicle to a DMV office for inspection.
  • There is a $15.00 title fee. If the vehicle is not currently registered, the driver will be required to pay registration fees.

 

TOWING/STORAGE (IMPOUND) LIEN - AS 28.10.502 (Form 826)
Specific Requirements of Sale:

  • Lien is limited to towing and storage charges.
  • Storage charges cease to be a part of the lien after 60 days unless the registered owner or lien holder, if any, has been given actual notice of the lien within that time, or unless a certified letter has been mailed within that time.
  • The vehicle has been impounded and has remained unclaimed for a period of 30 days.
  • The registered owner and lien holder, if applicable, were given 20 days Notice of Public Sale. (Must be personally served or sent the notice by certified mail, return receipt requested.)
  • Towing Storage Lien Packet

Title Requirements:

  • A properly completed "Affidavit of Possession * Work/Storage Lien” (AKA Mechanic’s Lien), notarized. (Form 826)
  • Application for Title and Registration, completed in full. (Form 812 or 812A)
  • Certificate Of Vehicle Inspection (Form 811) - (Form 811 must be completed by and the vehicle must be physically inspected by a DMV staff member or your local law enforcement agency or 3rd Party Inspector).An individual may obtain a special one-way trip permit from DMV for the purpose of bringing the vehicle to a DMV office for inspection.
  • There is a $15.00 title fee. If the vehicle is not currently registered, the driver will be required to pay registration fees.

 


US Government Impound

If an individual has purchased a vehicle from the US Government that was impounded as abandoned on a military installation, they will be given an SF Form 97. There is a $15.00 title fee. If the vehicle is not currently registered, the buyer will be required to pay registration fees.

Title Requirements:

  • SF Form 97
  • Application for Title and Registration, completed in full. (Form 812 or 812A)
  • Certificate Of Vehicle Inspection (Form 811) - (Form 811 must be completed by and the vehicle must be physically inspected by a DMV staff member or your local law enforcement agency or 3rd Party Inspector).

 

Revision Date 03/11/2013