Last Update: July 27, 2026

How To Claim an Abandoned Vehicle in Virginia

Claiming an abandoned vehicle in Virginia is a statutory process governed by Virginia Code Title 46.2, Chapter 12, Article 1. The process requires compliance with ownership search procedures established by §46.2-1202, notice requirements, waiting periods, and the Abandoned Vehicle Process (AVP) administered by the Virginia Department of Motor Vehicles. Adherence to these procedures ensures the lawful acquisition of title free of all liens and claims of prior ownership.

What Qualifies as an Abandoned Vehicle in Virginia

According to §46.2-1200, an abandoned motor vehicle, trailer, manufactured home, or mobile home is defined as a vehicle that weighs at least 75 pounds and meets one of the following conditions:

• Is left unattended on public property for more than 48 hours in violation of a state law or local ordinance.
• Has remained for more than 48 hours on private property without the consent of the property owner, regardless of whether it was initially brought onto the property with consent.
• Is left unattended on the shoulder of a primary highway.

Exemptions and Special Cases

Under §46.2-1201, a governing body of any county, city, or town may provide by ordinance for taking abandoned vehicles into custody and disposing of them. Vehicles or equipment used in construction or the operation of highways or public utility facilities are excluded from abandonment definitions if they are left in a manner that does not interfere with the normal movement of traffic. Additionally, vehicles stored in self-storage units are not considered abandoned. A local government agency with a written agreement with the Virginia DMV is exempt from the $40 application fee associated with the abandonment process.

Prohibitions and Penalties

§46.2-1200.1 prohibits any person from causing a motor vehicle to become an abandoned motor vehicle. Proof that the defendant was the owner of the vehicle when found abandoned constitutes a rebuttable presumption that the owner committed the violation, unless the owner provided notice to the Department under §46.2-604 that the vehicle had been sold or transferred. A person convicted of violating this section is subject to a civil penalty of no more than $500, and penalties collected are credited to the Commonwealth's Literary Fund under §46.2-114.

Special Considerations for Military Personnel

When a vehicle record indicates that the owner is on active military duty or service, the Virginia Department of Motor Vehicles includes such information in response to records requests. Any person disposing of a vehicle under the abandoned vehicle statutes must determine whether the federal Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.) applies to the circumstances of disposition.

Process To Claim an Abandoned Vehicle in Virginia

Understanding the Abandoned Vehicle Process

Virginia's abandoned vehicle procedure permits individual possessors, businesses, local government agencies, and salvage pools as defined in §46.2-1600 to process abandoned vehicles through the Abandoned Vehicle Process (AVP) administered by the Virginia Department of Motor Vehicles. The process does not automatically transfer ownership; rather, it enables the possessor of an abandoned vehicle to search for the registered owner and lienholder, provide notice, and subsequently obtain title through the DMV. Alternatively, a possessor may sell the vehicle at auction or transfer it to a licensed salvage dealer, rebuilder, or scrap metal processor. Local government entities may conduct public auctions and receive sale proceeds after reimbursement of removal and storage costs.

Initiate Owner and Lienholder Search Through the AVP

Any person in possession of an abandoned vehicle shall initiate a search for the owner and lienholder of record by accessing the Abandoned Vehicle Process online through the Virginia DMV, as required by §46.2-1202. A fee of $40 shall be paid at the time of application. A local government agency with a written agreement with the Department is exempt from this fee. For vehicles titled outside Virginia, the Department may conduct a $25 record request search for a resident or business of another jurisdiction seeking to enforce substantially similar abandoned vehicle laws under §46.2-1202(E).

The application shall describe the vehicle by year, make, model, and vehicle identification number if ascertainable. The Virginia DMV shall check its own records, records of nationally recognized crime databases, and records of nationally recognized vehicle title databases. If the vehicle has been reported as stolen, the Department shall notify the appropriate law enforcement agency. If the vehicle is titled in another jurisdiction, the Department shall ascertain the owner and lienholder information through available resources or identify that jurisdiction to the requester.

For salvage pools that acquired the vehicle from an insurance company in connection with an unresolved total loss claim, the Department may accept owner and lienholder information provided by the salvage pool from a nationally recognized title database, provided the salvage pool indemnifies and defends the Department against any claims arising from reliance on such information.

Receipt from Record Search

Upon completion of the search as provided in §46.2-1202(D), the Virginia Department of Motor Vehicles shall provide an "Abandoned Vehicle Process Fee Receipt" to the person in possession of the abandoned vehicle, indicating that the search has been completed. This receipt shall be retained and later submitted with applications for title or as part of the sale documentation.

Notice to Registered Owner and Lienholder

If the Department obtains owner or lienholder information, the Department shall notify the owner and lienholder at their last known addresses on record by certified mail, return receipt requested. The notice shall advise the owner and lienholder that the vehicle must be reclaimed and removed within 15 days from the date of notice, or within 120 days if the vehicle is a manufactured home or mobile home. The notice remains sufficient regardless of whether it was actually received by the addressee. Following delivery of notice by certified mail, if the vehicle remains unclaimed after the applicable period, the owner and all persons having security interests in the vehicle shall have waived all right, title, and interest in the vehicle as provided in §46.2-1202(B).

Handling Vehicles When No Owner Is Located

If records of the Department contain no address for the owner or no address for any lienholder, or if the identity and addresses cannot be determined with reasonable certainty after the Department has ascertained where the vehicle was last titled, as provided in §46.2-1202(C), the person in possession of the abandoned vehicle may proceed with the sale or disposal of the vehicle in accordance with state law. However, if a vehicle record exists in another jurisdiction that refuses to release information to the Department, the person in possession of the abandoned vehicle assumes all liability for proceeding with sale or disposal without written notice to the owner or lienholder of record.

Obtain Vehicle Removal Certificate

After successfully completing the owner and lienholder search, the person in possession of an abandoned vehicle shall obtain from the Virginia Department of Motor Vehicles a Vehicle Removal Certificate (Form VSA 40) at no additional cost. If the Department finds no record of the vehicle, the vehicle may then be sold or transferred to a licensed dealer, a salvage pool, or a scrap metal processor. The completed VSA 40 and the receipt produced during the record search shall be given to the licensee or scrap metal processor upon sale or transfer.

Selection of Disposition Path

After the 15-day or 120-day notice period expires, the possessor of the abandoned vehicle shall select one of three paths under state law:

Path 1: Transfer to a Licensed Dealer or Scrap Metal Processor. The completed Vehicle Removal Certificate (VSA 40) and search receipt are provided to the licensee or scrap metal processor. A person transferring an abandoned vehicle to a demolisher or scrap metal processor licensed under §46.2-1600 and §46.2-1601 is not required to complete an auction. No further titling or auction process is required. The demolisher or scrap metal processor shall keep accurate and complete records as prescribed by §46.2-1206.

Path 2: Conduct an Auction. The person in possession may proceed with a private auction, or a locality may conduct a public auction if it possesses the vehicle.

Path 3: Apply for Title. The person in possession may directly apply to the Virginia DMV for title if not selling the vehicle.

Post Notice of Intent to Auction

If the person in possession of an abandoned vehicle does not intend to transfer the vehicle to a licensed dealer or scrap metal processor, and the vehicle is not reclaimed, the possessor shall post notice electronically through the Virginia DMV website for at least 21 days of intent to auction the vehicle. The electronic posting shall include the vehicle identification number and a description of each vehicle to be sold. This notice requirement applies unless the Department determined that no owner could be located during the initial record search; in that case, posting is not required prior to demolition. The intent-to-auction posting must remain in place for 21 days before auctioning, titling, or demolishing the vehicle.

Conduct the Auction

After the 21-day intent-to-auction posting period has expired, the vehicle may be sold at a public or private auction. A purchaser of the vehicle at auction takes title free of all liens and claims of ownership of others. The purchaser shall receive a sales receipt from the sale and may apply to the Virginia Department of Motor Vehicles for a certificate of title and registration upon submission of the completed Vehicle Removal Certificate (VSA 40), the search receipt, and proof of the purchase price by way of a bill of sale.

Local Government Public Auction Procedures

If a locality or its authorized agent possesses an abandoned vehicle that is not reclaimed under §46.2-1203, the locality shall sell the vehicle at public auction. For purposes of Virginia law, a public auction conducted by a county, city, or town includes an Internet auction. A purchaser at a locality auction takes title to the vehicle free of all liens and claims of ownership, receives a sales receipt, and may apply to the Virginia DMV for a certificate of title and registration by submitting the sales receipt, the completed VSA 40, and the Department search receipt.

From the proceeds of the sale, the locality or its authorized agent shall reimburse itself for auction expenses, the cost of towing, the cost of preserving and storing the vehicle, and all costs incurred during the search and notification process under §46.2-1203. Any remainder from the sale proceeds shall be held for the owner or persons having security interests in the vehicle for 60 days, after which the remaining funds shall be deposited into the treasury of the locality in which the vehicle was abandoned.

Apply for Title After Auction or Acquisition

A purchaser of an abandoned vehicle at auction or the original possessor seeking to retain the vehicle shall apply for title to the Virginia Department of Motor Vehicles within 30 days at any DMV customer service center, through DMV Select online services, or by mail to Virginia DMV, Attn: Titling Work Center, P.O. Box 27412, Richmond, VA 23269.

Application by the Possessor Who Did Not Auction

If the vehicle does not sell at auction under §46.2-1202.2, the person in possession of the abandoned vehicle may apply for a title upon payment of applicable fees and taxes and by supplying the Department with the completed VSA 40, the search receipt, and a written statement that the vehicle did not sell at auction.

Disposition of Inoperable Vehicles

Under §46.2-1205, inoperable motor vehicles, trailers, or semitrailers in the possession or custody of any person or locality may be disposed of directly to a properly licensed demolisher without the formal title and notification procedures otherwise required. Upon taking custody of the inoperable abandoned vehicle, the demolisher shall notify the Virginia Department of Motor Vehicles on forms and in the manner prescribed by the Commissioner.

Maintain Records

All records related to abandoned vehicle transactions, including copies of notices, certified mail receipts, proof of publication or electronic posting, title records, and bill of sale documents, shall be maintained in accordance with applicable Virginia law.

Virginia Storage Fees And Financial Considerations

Applicability of Fees

The Virginia Department of Motor Vehicles charges a $40 fee under §46.2-1202 for the owner and lienholder search conducted through the Abandoned Vehicle Process. This fee is paid by the person in possession of the abandoned vehicle at the time of application. A local government agency with a written agreement with the Department is exempt from the $40 fee. A $25 fee is charged if a resident or business of another jurisdiction requests a Virginia vehicle record search.

Towing, Preserving, and Storage Costs

Actual towing, preserving, and storage costs incurred by a locality or its authorized agent in placing an abandoned vehicle in custody are reimbursed to the locality from the proceeds of any public auction sale under §46.2-1203. The person in possession of an abandoned vehicle may also incur reasonable towing charges and storage fees during the period prior to auction or title application.

Inoperable Vehicle Reimbursement

Under §46.2-1207, on certification by a locality on forms provided by the Department that an inoperable abandoned motor vehicle has been disposed of as provided in §46.2-1205, the Commissioner shall reimburse the locality $50 for each such motor vehicle disposed of at the expense of the locality. These reimbursements are funded by appropriations in the general appropriations act. In the event the appropriation is insufficient to satisfy all requests for reimbursement, payments are made in chronological order, based on the date each request was received. No reimbursement shall be made for vehicles that the locality acquires from sources outside its jurisdiction, nor for vehicles it receives from dealers engaged in the business of dismantling used automobiles.

Sale Proceeds and Creditor Claims

When a locality sells an abandoned vehicle at public auction under §46.2-1203, the locality first recoups its auction expenses, towing, preservation, storage, search, and notification costs. Any remainder is held in trust for the owner of the abandoned vehicle or persons having security interests in the vehicle for a period of 60 days. After 60 days, unclaimed proceeds are deposited into the locality's general fund.

Contact Information

Virginia Department of Motor Vehicles
2300 West Broad Street, Richmond, VA 23269
Phone: (804) 497-7100
Official Website: Virginia Department of Motor Vehicles