VSF Notification Process

As per section 85.703 and section 85.704 of the administrative rules, a VSF is responsible for sending two notices to the owner and lienholders regarding the status of an unclaimed vehicle.

If a law enforcement agency that has jurisdiction over the VSF requests abandoned vehicle notifications, VSF operators must also provide this type of notification.

Timeline for Sending Notifications

First Notice

A vehicle must be on the lot for at least 24 hours before the first notice is sent.

If the vehicle is registered in Texas the notice must be sent no later than the fifth day it is on the lot.

If the vehicle is registered in another state, the notice must be sent no later than the 14th day the vehicle is on the lot.

See the First Notification Checklists for a list what the notification must contain.

Notice of Abandonment

If a vehicle is not claimed by an authorized individual before the 10th day after the first notice is sent, the operator of the VSF shall consider the vehicle to be abandoned.

Any law enforcement agency with jurisdiction over the VSF may request that the VSF operator send notification of abandoned vehicles to the law enforcement agency.

For additional information, see the Notification of Abandonment to Law Enforcement section on this page.

Second Notice

The second notification must be sent between the 15th day and the 20th day after the date the first notice was mailed or published.

For example, if the first notification letter was mailed to the owner and lienholder on October 1, then the first date you would count towards the 15-day requirement would be October 2. You would have from October 16 until October 21 to send the second notification letter.

The deadline for sending the second notification is determined by the date the first notification is actually mailed or published.

If the first notification letter was not sent to the vehicle’s owner and lienholder within the required time period, the deadline for the second notification letter will shift to accommodate this situation.

For instance, if the last day you may send the first notification letter for it to be considered timely sent is October 1, but you fail to send it until October 5, then the first day that the second notification letter may be sent to the vehicle’s owner and lienholder would be October 21.

If you send the second notification letter after the 20^th day, you may not charge for storage of the vehicle again until 24 hours after you send the second notification letter.

For example, if you mailed the first notification letter to the vehicle’s owner and lienholder on October 1, but you did not mail the second notification letter until October 23, you may not charge for storage of the vehicle for October 22, October 23, and October 24. The first day that you may start charging storage again would be October 25.

See the Second Notification Checklists for a list what the notification must contain.

Notification Methods

Notification by Letter

The primary method of notifying a vehicle owner or lienholder is by sending a letter. You may send the letter by certified or registered mail with return receipt requested.

Notification has occurred when the United States Postal Service places its postmark.

Notification by Publication

In some specific circumstances where the vehicle owner cannot be located, it may be acceptable to issue notifications through publication in a newspaper of general circulation in the county where the vehicle is stored.

The following conditions must each be true to issue a notification by publication:

1. The vehicle is registered in another state
2. The VSF has submitted a written or electronic request for the vehicle owner’s information from the government entity that maintains the motor vehicle title and registration for the state where the vehicle is registered.
   1. If sent by mail, the VSF must send by certified mail or registered mail with return receipt requested
3. The identity of the registered owner cannot be determined
4. The registration does not contain an address for the registered owner, or the VSF operator cannot reasonably determine the identity and address of each lienholder

Published notices are on the same time frame as notification letters.

There is no minimum number of days set by TDLR that the publication must run in the paper.

Notice by publication is not required if each notice was returned because the notice was unclaimed, refused, or because the addressee moved without leaving a forwarding address.

Special Circumstances

Private Property Tows – Additional Notifications

When you get a private property tow, you must notify your local law enforcement agency, who has jurisdiction over the location where the vehicle was towed, within two hours of accepting the vehicle for storage.

The notification must contain:

• A general description of the vehicle
• The state and number of the vehicle's license plate, if any
• The vehicle identification number of the vehicle, if it can be ascertained
• The location from which the vehicle was towed
• The name and location of the vehicle storage facility where the vehicle is being stored

Notification may be made in the following ways:

• By telephone
• Electronically
• Delivered in person
• By fax
• Any other method requested by the agency you are reporting to

Your records must contain the following information:

• The name of the individual who the report was submitted to
• How the report was delivered
• The time and date of report, or the tracking or control number given by law enforcement when the report was made

Vehicles with Unknown State of Registration

If a vehicle has no license plates and the VIN number cannot be read, you must run a report through the National Motor Vehicle Title Information System.

If the report shows the state of registration, you must attempt to obtain the record from that state either by mail or electronically.

If you can’t get the record from that state by the 14th day, cannot determine the owner and lienholders from the report, or obtain an address for the owner and lienholders, then you may publish the notification.

Nuisance Vehicles

An abandoned nuisance vehicle is defined as any motor vehicle that is of a condition only to be demolished, wrecked, or dismantled.

Vehicles less than 10 years old may not be considered nuisance vehicles.

When a vehicle meets this description, a VSF is only required to issue the first notification. The VSF is entitled to dispose of the vehicle on the 30^th day after the date the first notice is published or mailed.

First Notification Checklists

Notification Letter

A first notification sent to the vehicle owner and lienholders by letter must contain the following information:

• The full licensed name of the VSF where the motor vehicle is located
• The street address
• Telephone number
• The hours the vehicle can be released to the vehicle owner
• The daily storage rate
• The type and amount of all other charges assessed
• The statement, "Total storage charges cannot be computed until vehicle is claimed. The storage charge will accrue daily until vehicle is released"
• The first date for which a storage fee is assessed
• The date the vehicle will be transferred from the VSF (if it is going to be transferred)
• The address to which the vehicle will be transferred if the operator will be transferring a vehicle to a second lot because the vehicle has not been claimed within a certain time
• The date the vehicle was accepted for storage
• The location from where it was towed
• Date the vehicle was towed
• Name of the person who towed the vehicle
• The VSF license number preceded by the words "Texas Department of Licensing and Regulation Vehicle Storage Facility License Number" or "TDLR VSF Lic. No.”
• A notice of the towed vehicle owner's right under Texas Occupations Code, Chapter 2308, to challenge the legality of the tow involved; and
• The name, mailing address, and toll-free telephone number of the department for purposes of directing questions or complaints.

Published Notification

All first notifications issued by publication must contain, at a minimum, the following information:

• Full name of the VSF
• Street address of the VSF
• Telephone number of the VSD
• License number of the VSF
• TLDR internet address (https://www.tdlr.texas.gov)
• Description of the vehicle
• Total amount of charges assessed against the vehicle

Notification of Abandonment to Law Enforcement

If a law enforcement agency with jurisdiction over the VSF has requested notifications regarding abandoned vehicles, then the VSF operator must provide this information.

If the law enforcement agencies with jurisdiction over the VSF does not want notifications of abandoned vehicles, then the VSF is not required to do anything.

If you are unsure whether you need to provide this information, check with your local law enforcement agencies.

Law enforcement agencies may dictate what form they want notifications of abandoned vehicles to take in their own jurisdictions. For example, some agencies may accept a single notification listing multiple vehicles, while others may not. If you have questions about the required format, you should contact your local law enforcement agencies directly for more information.

VSF operators must also pay a $10 fee to the law enforcement agency requesting the abandonment notification, in accordance with Section 683.031(c) of the Transportation Code.

Second Notification Checklist

Notification Letter

Second notifications sent to vehicle owners and lienholders by letter must contain the following:

• The full licensed name of the VSF where the motor vehicle is located
• The street address
• Telephone number
• The hours the vehicle can be released to the vehicle owner
• The daily storage rate
• The type and amount of all other charges assessed
• The statement, "Total storage charges cannot be computed until vehicle is claimed. The storage charge will accrue daily until vehicle is released"
• The first date for which a storage fee is assessed
• The date the vehicle will be transferred from the VSF (if it is going to be transferred)
• The address to which the vehicle will be transferred if the operator will be transferring a vehicle to a second lot because the vehicle has not been claimed within a certain time
• The date the vehicle was accepted for storage
• The location from where it was towed
• Date the vehicle was towed
• Name of the person who towed the vehicle
• The VSF license number preceded by the words "Texas Department of Licensing and Regulation Vehicle Storage Facility License Number" or "TDLR VSF Lic. No."
• A notice of the towed vehicle owner's right under Texas Occupations Code, Chapter 2308, to challenge the legality of the tow involved
• The name, mailing address, and toll-free telephone number of the department for purposes of directing questions or complaints
• A statement to the effect of:
  If the vehicle is not claimed 30 days after the date this notice is sent gives this vehicle storage facility the right to dispose of the vehicle. Additionally, failure to claim the vehicle is a waiver of all right, title, or interest in the vehicle and personal property and a consent to sell the vehicle at a public sale.

Published Notification

Second notifications issued by publishing must contain the following information:

• The full name of the VSF
• Street address of the VSF
• Telephone number of the VSF
• VSF license number
• TDLR’s internet address (https://www.tdlr.texas.gov)
• A description of the vehicle
• The total amount of charges assessed against the vehicle.
• A statement to the effect of:
  If the vehicle is not claimed 30 days after the date this notice is sent gives this vehicle storage facility the right to dispose of the vehicle. Additionally, failure to claim the vehicle is a waiver of all right, title, or interest in the vehicle and personal property and a consent to sell the vehicle at a public sale.

Disposal or Sale of Abandoned Vehicles

A vehicle storage facility may dispose of a vehicle, if all required notices have been issued and the vehicle has not been claimed within 30 days following the second notification.

You may sell the vehicle at a public sale without obtaining a release or discharge of any lien on the vehicle, regardless of whether notice was provided by mail or by publication.

The proceeds from the sale of the vehicle may be applied to towing and storage fees owed to the VSF. You must pay any excess proceeds to the owner or other person entitled to receive those proceeds.