Abandoned Vehicles
In 2007, the Abandoned Vehicles Division of the Indiana Bureau of Motor Vehicles ceased to conduct sales of abandoned vehicles as detailed in House Bill 1425.
Important abandoned vehicle forms:
- Request for Watercraft/Vehicle Records - State Form 46449
- Affadavit for Police Officer Inspection of Watercraft/Vehicle
- Sales Certificate-Form O
- Junking Instructions for Police-Authorized Tows
Do I still need to send the BMV a copy of the Form 322B when I tow an abandoned vehicle?
Yes. The BMV is responsible for logging and maintaining records of these forms. All vehicles that have been recovered by the owner or representative require the signed and dated pink release form. This form needs to be sent to the Abandoned Vehicles Department to be matched with the original 322B in the BMV files.
What if the enforcement officer will not give me the white copy of the Form 322B?
Make every effort to partner and communicate with the Administration of the Department in question. If the vehicle is an impound, the enforcement agency should retain the yellow copy of the Form 322B (which is marked at the bottom of the form as the “Impounding Agency Copy”) and give the white copy to the towing service. If the vehicle is an abandoned vehicle or towed from the scene of an accident, after 72 hours it is an abandoned vehicle on your private property and you can complete and sign the 322B as the private property owner.
How can I perform the database search as required by IC 9-22-1-19?
If the vehicle is titled or registered in Indiana, the IN.gov database may be used. You may obtain access to this database by registering with IN.gov's Subscriber Center and paying an annual fee of $50.00 and a nominal per transaction fee for records returned. Other private record providers are also available – an internet search engine inquiry of “vehicle titles” returns several options. Indiana title information may also be obtained by mail for a fee through the BMV Vehicle Records Department.
Under what circumstances may the tow company sign as the property owner on a 322B?
Unless the vehicle has a police or legal hold, the vehicle is considered abandoned after it has been left on your property for 72 hours. Be sure to indicate on the Form 322B that it is a private tow and sign on the lines for the property owner.
How will I know what process to follow to dispose of an abandoned vehicle?
All vehicles are required to be processed as a mechanics lien and sold by way of public auction. (See IC 9-22-1-13 through IC 9-22-1-19 and IC 9-22-5-15.)
May we fax 322B’s?
Yes, if you choose to fax the Form 322Bs, please do not mail an additional copy. Faxing your Form 322B ensures your company is in compliance with the law that requires your Form 322Bs be in our office within 72 hours. The fax number is 317-234-0269.
Will the BMV still send notices to the owner and/or lienholder of the vehicle?
No. Under the mechanics lien process, it is the responsibility of the towing service to send a certified letter to the titled owner and lienholder.
How will I know if the BMV received my 322Bs?
Due to the volume of forms received by the Abandoned Vehicle Department, it is recommended that if you fax your 322Bs and make sure the confirmation status is set up on your machine. If you choose to use the mailing option, use a return receipt type of mail service.
Where can I obtain blank 322B Forms?
For additional 322B forms, please call 317-234-3710 to have forms shipped to you.
How will I recover my expenses?
Under the mechanics lien process, the advertising and other reasonable costs associated with the disposal of abandoned vehicles may be subtracted from the sale price, along with towing and storage costs up to the statutory amount. If the vehicle sells for less than the lien amount the owner is not responsible for any storage fees once sold. Any additional funds collected from the sale over and above these costs are to be returned to the owner of the vehicle if known. If the owner is unknown any additional money is to be turned over to the Clerk of the Circuit Court in the county of the towing service.
Can minimum bids be set by the tow company?
Yes.
What documents must we provide the purchaser?
You will need to provide the original documents of each of the items listed below, with the exception of the letter sent to the owner/lienholder. If the letter is returned to you, do not open it: give it to the purchaser to submit to the BMV along with a copy of the letter.
- Completed State Form 23104 Sales Certificate-Form ‘O’
- Printout of results of the title search from national database
- Copy of letter(s) sent to the titled owner and lienholder
- Newspaper advertisement
- Completed Affadavit for Police Officer Inspection of Watercraft/Vehicle
What if the national database yields no result?
The first thing you will need to do is verify that the VIN you entered on the database is the VIN that is actually on the vehicle. An estimated 25% of the 322Bs received by our office have an incorrect VIN listed. If your VIN is correct, you can use the printout stating that there is no record. This is acceptable as proof of your attempt to locate the owner.
Is the amount of the lien required to be posted in the newspaper advertisement?
Yes, the amount of the lien is required to be posted in the advertisement. If the vehicle does not sell at the auction, the posted amount is the amount the tow company will pay use tax on when it is titled in the tow company name.
Can we list more than one vehicle in our advertisement of public sale?
Yes, but you will need to make a copy for each vehicle file.
What do we do if there are no bidders at the sale?
If no bidders appear, the tow company then becomes the purchaser of the vehicles and must take all required documents to the license branch, apply for titles and once you have received your titles, then dispose of the vehicles accordingly.
What is the tax rate for titling the vehicle?
The use tax rate is 6% of the purchase price.
Am I required to obtain a VIN check?
Yes. VIN verification is an integral part of the abandoned vehicle process and towing operators/services must have an officer inquire in IDACS/NCIC to ensure the vehicle is not listed as stolen, and record this on the VIN verification form. (State Form 39530)
What do we do if there is no VIN on the vehicle?
You will need to contact law enforcement; preferably someone in the auto theft division of your local enforcement agency or Indiana State Police Core Auto Detectives. They have the technology to recover a VIN. You cannot sell a vehicle without a VIN.
What newspaper is used for the Public Notices?
Statute indicates a newspaper of general circulation. The BMV Abandoned Vehicle Department has always used the newspaper of largest circulation which is also the newspaper that is used by your local governing agency.
How soon can our public sale occur?
The vehicle may not be sold until after 30 days from the date of the tow. Therefore, if the notification letter to the owner lists the amount due, the sale date and time, and the sale date is no less than 15 days after the advertised date, the vehicle may be sold on day 31.
How long do I have to keep my records of an abandoned vehicle sale?
All records regarding title and registration inquiry, copy of notification letter, proof of delivery of notification, advertisement of public sale and copy of Form’O’ Mechanic Lien Bill of Sale (State Form 23104) will be maintained by the towing company for a period of not less than three years from the date of the public sale and be available to authorized representatives of the State of Indiana or law enforcement upon inquiry during normal business hours.
Can I sell the following property by the Abandoned Motor Vehicle Mechanics Lien process?
Motorcycles, ATVs, scooters, mopeds, semi trucks and trailers, and recreational vehicles may all be sold using the Abandoned Motor Vehicle Mechanics Lien process.
License Branch Options
View current visit times
at any license branch in Indiana:
Make a branch appointment
at locations in these cities:
