How To Claim an Abandoned Vehicle in New Jersey

Abandoned vehicles in New Jersey may be claimed by following state rules and procedures administered by the New Jersey Motor Vehicle Commission. The legal framework differs substantially depending on whether the vehicle is abandoned on public or private property. Adherence to notice requirements, statutory waiting periods, public auction procedures, title application deadlines, and recordkeeping standards is mandatory to establish clear legal ownership and to comply with applicable law.

What Qualifies as an Abandoned Vehicle in New Jersey

An abandoned motor vehicle in New Jersey is defined by statute based on location and duration of abandonment. Under N.J.S.A. 39:4-56.6, a vehicle abandoned on private property without the owner's or property controller's consent is subject to removal and sale procedures. Under N.J.S.A. 39:10A-1 et seq., a vehicle abandoned on public property may be subject to public auction or junking.

Specific categories of abandoned vehicles include the following:

• Unattended on private property without the property owner's consent. Any motor vehicle left unattended on private property without the consent of the property owner or person controlling the property may be removed and sold by the property owner after compliance with statutory notice and waiting period requirements.
• Left at a repair facility beyond the permitted duration. If a motor vehicle is left at an auto body repair facility or similar service facility, the facility operator may deem the vehicle abandoned and remove and sell it if the vehicle remains unclaimed after proper notice is provided.
• Found unattended on public property. A motor vehicle discovered unattended on public roadways or other public property may be taken into possession by law enforcement or a public agency and is subject to public auction procedures if unclaimed for the statutory period.

A vehicle on public property becomes abandoned and eligible for disposition after remaining unclaimed for 15 business days (if a junk title is sought) or 20 business days (if a standard title sale is sought) following notice to the owner and lienholder of record within three business days of possession.

Process To Claim an Abandoned Vehicle in New Jersey

Understanding the Abandoned Vehicle Process

New Jersey law requires all abandoned vehicles to be sold at public auction or, if restoration is impossible except at a cost exceeding the vehicle's value, to be junked and assigned a non-transferable junk title. Possession of an abandoned vehicle alone does not confer legal ownership. A clear title is acquired only through completion of mandatory procedures, including certified notice to the prior owner and lienholder, public advertisement, competitive auction, and formal title application to the Motor Vehicle Commission. The procedures differ substantially for vehicles on private property versus public property; both pathways culminate in public auction but contain distinct notice, publication, and documentation requirements.

Report the Unclaimed Vehicle and Verify Title Records

For a vehicle abandoned on private property, the property owner or authorized representative must submit Form DO-22 (Application for Title/Lien Search) to the New Jersey Motor Vehicle Commission with a $15 payment to determine whether the vehicle is titled in New Jersey or another state. This search identifies the registered owner and any lienholders of record. If the vehicle is titled in New Jersey, the MVC provides ownership and lienholder information. If titled outside New Jersey, the property owner must obtain certified title records from the issuing state and from the five states bordering New Jersey: New York, Delaware, Pennsylvania, Connecticut, and Maryland.

Concurrently, the property owner must prepare a detailed notarized statement indicating the date of possession, the method by which the vehicle came into possession, all steps undertaken to locate and notify the owner, the vehicle's year, make, model, and VIN, and the property owner's name, address, and telephone number.

For a vehicle abandoned on public property, the public agency taking possession must verify that the vehicle is not stolen using available law enforcement resources and must obtain ownership and lienholder information before completing required documentation. The agency must complete the appropriate report form and must provide notice to the Motor Vehicle Commission within three business days of taking possession. For specific instructions and form requirements, public agencies should contact the NJMVC Special Title Unit.

Send Required Notices and Await Statutory Waiting Periods

For a vehicle on private property, the property owner must send Form OS/SS-139 (Abandoned Vehicle 90-Day Notice) by certified mail, return receipt requested, to the registered owner and any lienholder. The notice states the property owner's intent to sell the vehicle at public auction if not claimed within 90 days upon payment of reasonable removal, storage, and holding costs. If a certified notice is returned as undeliverable or unclaimed, the notice must then be sent by regular mail. The property owner must retain the pink copy of the form and original signed return receipts for submission to the MVC.

The property owner must also send a written notice to the local police department in the municipality where the vehicle is located by certified mail, return receipt requested, and must retain the original signed receipt. During the 90-day period following issuance of this notice, if the owner or lienholder claims the vehicle and reimburses the property owner for reasonable removal, storage, and holding expenses, the abandonment process terminates, and no further action is required.

After the 90-day period expires, the property owner must send Form OS/SS-140 (Abandoned Vehicle 5-Day Notice) by certified mail, return receipt requested, to the registered owner and any lienholder. This notice specifies the date, time, and location of the public sale. The pink copy and original signed return receipts must be retained.

For a vehicle on public property, the public agency must notify the owner of record and lienholder by certified mail within three business days of taking possession. If a private storage facility is holding the vehicle, the public agency must notify the facility within three business days, and the facility operator must subsequently notify the owner and lienholder. The vehicle must remain unclaimed for at least 20 business days (or 15 business days if seeking a junk title) following notice to the owner and lienholder before the public agency may proceed to sale or junking.

Assemble Documentation and File Notice of Sale

For a vehicle on private property, before conducting the public sale or auction, the property owner must assemble the complete documentation package and mail it to the NJMVC for approval. Required documents include the certified title search or out-of-state certified records, the notarized statement, the pink copies and original signed return receipts from both the 90-Day and 5-Day Notices, the original certified affidavit of newspaper publication, photographs of the vehicle showing four angles (front, back, driver side, passenger side), and any additional supporting documentation. The NJMVC will not approve the sale until all documents are received and verified. Upon approval, the NJMVC issues Form OS/SS-137 (Application for Certificate of Ownership for a Vehicle Abandoned on Private Property), which must accompany the bill of sale.

Publication of the public sale notice must occur in a newspaper of general circulation in the municipality where the property is located. The notice must be published twice over two consecutive weeks, with at least one publication each week. The first publication must appear at least five days before the scheduled sale date. The notice must include the property owner's name and address, the vehicle owner's name and address, a complete vehicle description including the VIN, and the date, time, and location of the sale. The property owner must obtain a certified affidavit of newspaper publication and retain it. Sample publication notice forms OS/SS-135 and OS/SS-136 are available from the NJMVC.

For a vehicle on public property, the NJMVC issues the appropriate form after receiving and approving the completed report form. The public agency must publish notice in a newspaper of general circulation in the municipality where the vehicle is held. Notice must appear at least five days prior to the scheduled auction date and must include the vehicle's complete description, VIN, and auction details.

Conduct the Public Auction

For a vehicle on private property, the property owner must conduct the public sale or auction at the advertised date, time, and location as an open and fair bidding process. Members of the public, including the property owner, may participate in bidding. The highest bidder acquires the vehicle and the right to obtain the title. If no bids are received at the initial auction, the property owner may apply directly to the NJMVC for title to the vehicle in the property owner's name, subject to NJMVC approval.

For a vehicle on public property, the public agency must conduct the public auction at the advertised date, time, and location with open and fair competitive bidding. Any member of the public, including the public agency itself, may participate. The highest bidder acquires the vehicle and proceeds to the title application.

Prepare Bill of Sale and Apply For Title

For a vehicle on private property, following the public sale, the purchaser obtains a notarized affidavit from the property owner describing those who attended the auction, providing an itemized accounting of sale proceeds and all costs incurred (including removal, storage, publication, certified mail, and other expenses), describing any existing liens and their satisfaction, and identifying any surplus proceeds and their disposition. The purchaser must complete Form OS/SS-137, provide a photocopy of the purchaser's driver's license, and submit all documentation along with the completed and notarized affidavit, a check or money order payable to the NJMVC in the amount of $60 (or $85 if the vehicle has a lienholder), plus sales tax on the purchase price, to the address provided on the form. The application must be submitted within 10 days of the sale date. If submitted more than 10 days after the sale date, an additional $25 penalty fee is assessed. The title will be issued and mailed to the purchaser or lienholder.

For a vehicle on public property, the successful bidder must provide a bill of sale, the completed and approved MVC form documentation, and an odometer disclosure statement (Form OS/SS-2), along with applicable fees. If the title application is submitted more than 10 days after the sale date, a $25 penalty fee applies. The title will be issued and mailed to the purchaser.

Special Rules For Salvage, Rebuilt, Or Inoperable Vehicles

If a vehicle is inoperable or cannot be restored to safe operational condition except at a cost exceeding the vehicle's value, a public agency may elect to obtain a junk title certificate instead of proceeding with a standard public auction. A junk-titled vehicle cannot be registered, titled, or operated on New Jersey roadways. If a vehicle previously received a junk title designation, any subsequent title will retain that brand. A junked or damaged vehicle must be professionally restored by a licensed rebuilder before the title can be rebranded as "rebuilt" and the vehicle registered for road use.

Maintain Records

For a vehicle on private property, the property owner must maintain copies of all notices sent to the prior owner and lienholder, certified mail return receipts and delivery confirmations, title search documentation and correspondence with titling authorities, newspaper publication affidavits, vehicle photographs and VIN documentation, the notarized statement and affidavit of sale, and accounting of proceeds and expenses. Records should be retained for at least three years and are subject to verification by the NJMVC.

For a vehicle on public property, the public agency must maintain records documenting verification that the vehicle is not stolen, notice sent to the owner and lienholder with dates, notification to storage facility operators if applicable, and all supporting documentation evidencing compliance with notice requirements. Records are subject to verification by the NJMVC.

New Jersey Storage Fees And Financial Considerations

Storage Fee Rules

For vehicles abandoned on private property, the property owner may recover reasonable and documented costs of towing, removal, storage, and holding expenses in accordance with N.J.S.A. 39:4-56.6. These costs are deducted from gross sale proceeds before any surplus is applied to outstanding liens or the original owner.

For vehicles on public property, storage facility charges are governed by N.J.S.A. 39:10A-2. If a private storage facility fails to provide the required notice of possession to the owner or lienholder, limitations on maximum allowable storage charges may apply. Storage facility operators should consult the statute and the NJMVC Special Title Unit for guidance on compliant charging procedures.

Towing and Recovery Charges

New Jersey law does not establish statewide uniform towing rates for abandoned vehicles. Individual law enforcement agencies and private towing service providers establish their own reasonable rates for removal and storage. Rates vary based on vehicle type and weight classification.

Disputes Over Charges

A vehicle owner dissatisfied with towing or storage charges may file a written complaint with both the towing and recovery service provider and the supervising law enforcement agency. Upon receipt of a written complaint, the towing service must cease accruing storage charges during the dispute review period, protecting the owner from continued accumulation of costs while the complaint is under investigation.

Sale Proceeds and Excess Funds

For a vehicle abandoned on private property, the net sale proceeds are distributed in the following order: first, to satisfy any perfected liens against the vehicle; second, to reimburse the property owner for documented removal, towing, storage, advertising, and sale costs; and third, any remaining surplus must be remitted to the registered owner of record if located. If the registered owner cannot be located, the property owner must hold surplus proceeds in escrow for 60 days and then remit them to the municipal treasurer of the municipality in which the property is located in accordance with N.J.S.A. 39:4-56.6.

For a vehicle abandoned on public property, any net proceeds remaining after the public agency's documented costs are deducted must be handled in accordance with the public agency's established procedures or state guidelines for unclaimed property, as set forth in N.J.S.A. 39:10A-1.

Contact Information

New Jersey Motor Vehicle Commission
225 East State Street, Trenton, NJ 08666-0017
Phone: (609) 341-5718
Official Website: New Jersey Motor Vehicle Commission