Under Arkansas abandoned vehicle law, a car, truck, or other vehicle is treated as abandoned once it has sat unattended for 30 days with no sign the owner plans to come back for it, or sooner if the owner does something that clearly shows they’ve given up on it.1Justia. Arkansas Code 27-50-1202 – Definitions From that point, a strict statutory process controls how the vehicle is tagged, towed, stored, noticed to the owner, and eventually sold. Owners get specific windows to reclaim their property; towing companies face deadlines of their own before they can take title and sell.
When a Vehicle Counts as Abandoned
Abandonment sits on top of a broader category called an “unattended vehicle.” A vehicle becomes unattended when it is left on public property without permission, or near a public road without anyone in charge of it, once certain time and location thresholds are met.1Justia. Arkansas Code 27-50-1202 – Definitions
- Within three feet of the road surface: unattended immediately, no waiting period.
- Three feet or more from the road surface but still near a public way: unattended after 24 hours.
- On public property but not near a public way: unattended after 48 hours.
A vehicle also qualifies as unattended when the driver can’t reasonably make arrangements for it — for example, after a crash that sent the operator to the hospital, or after an arrest where law enforcement drove the vehicle to the place of apprehension. A disabled or inoperative vehicle on or near a public road can be classified as unattended as well, if an officer determines its location, traffic conditions, or weather create an immediate safety hazard.1Justia. Arkansas Code 27-50-1202 – Definitions
An unattended vehicle crosses the line into “abandoned” in one of two ways: the owner does something that clearly shows they’ve given up on it, or the vehicle stays unattended for 30 days with no evidence the owner intends to return. The 30-day clock runs whether the vehicle stays where it was first found or is moved to a towing lot under this subchapter.1Justia. Arkansas Code 27-50-1202 – Definitions
Tagging and the 24-Hour Warning
Before a vehicle is towed, law enforcement generally tags it first. The tag warns the owner that the vehicle will be removed under the abandoned vehicle subchapter unless it is moved within 24 hours, and includes the location and phone number of the law enforcement agency.2Justia. Arkansas Code 27-50-1205 – Tagging If you see a tag on your car, that 24-hour window is your cheapest chance to avoid tow fees and storage charges.
Every law enforcement agency that directs vehicle removals must adopt a written removal policy consistent with the state statute.3Justia. Arkansas Code 27-50-1207 – Removal of Vehicles Officers also face specific restrictions designed to keep them from steering business to favored tow companies.
Your Right to Choose the Towing Company
Arkansas law gives vehicle owners the right to pick their own towing company. The statute calls this “owner preference.” When an officer orders a tow, the officer must offer the owner, the owner’s agent, or any competent occupant of a disabled vehicle the chance to choose a towing service.3Justia. Arkansas Code 27-50-1207 – Removal of Vehicles This right is overridden only in urgent situations, such as a vehicle blocking a road that needs to be cleared immediately. Even then, owner preference is honored if the owner’s chosen company is in the correct towing zone and can respond promptly.
Officers cannot suggest or recommend a particular towing company, and they cannot accept gifts or special consideration from towing operators tied to removals. When asked, the officer or agency must give you the name, location, and phone number of whichever firm was called. If an officer fails to offer owner preference, you can file a complaint with the officer’s agency, the Arkansas Towing and Recovery Board, or both, and that complaint doesn’t block any other legal remedy you want to pursue.3Justia. Arkansas Code 27-50-1207 – Removal of Vehicles
The Notice You Should Receive After a Tow
Once a towing company takes possession, it must send written notice to the registered owner and any lienholders by certified mail, return receipt requested. That notice has to go out no sooner than two business days and no later than eight business days after the firm receives the vehicle.4Justia. Arkansas Code 27-50-1208 – Possessory Lien and Notice to Owners and Lienholders The two-day floor exists so companies can’t start the clock before owners realistically have a chance to act.
The notice must spell out:
- The year, make, model, and VIN of the vehicle.
- The name, address, and phone number of the storage facility.
- That the towing firm claims a first-priority possessory lien for all towing, recovery, and storage charges, which are accruing as a legal liability of the owner.
- That if the vehicle is not claimed within 45 days, it will be sold at public sale, dismantled, or destroyed.
- That failing to reclaim within 45 days waives all rights in the vehicle.
- How to retake possession during business hours: prove ownership, clear any law enforcement hold, and pay all charges or arrange a written agreement with the towing firm.
- That the owner has 30 days to challenge the original tow under the review procedures in the statute.
If the towing company skips a required step or sends defective notice, it has not properly perfected its lien, which can undermine its ability to sell later.4Justia. Arkansas Code 27-50-1208 – Possessory Lien and Notice to Owners and Lienholders
The 45-Day Window to Reclaim Your Vehicle
You have 45 days from receiving the certified mail notice to reclaim the vehicle. Miss that window and you waive all rights in the vehicle and its contents.5Justia. Arkansas Code 27-50-1209 – Foreclosure of Liens There’s one built-in extension: if a law enforcement hold prevents you from reclaiming the vehicle, you get an additional 20 days after the hold is released.
During that window, the towing company holds a first-priority possessory lien on the vehicle and its contents for all reasonable towing, recovery, and storage charges. “First priority” means it takes precedence over other claims, including existing lender liens on the vehicle.4Justia. Arkansas Code 27-50-1208 – Possessory Lien and Notice to Owners and Lienholders Storage fees accrue daily, and the statute limits charges to “reasonable” amounts but doesn’t set specific dollar caps. The owner is personally liable for the full bill, not just the vehicle. Even if you intend to contest the tow, reclaiming the car early is almost always cheaper than letting the fees run.
When the Towing Company Can Sell the Vehicle
After the 45-day window closes, the towing firm, municipality, or county holding the perfected lien can sell the vehicle at a nonjudicial public sale for cash. The sale has to happen within 90 days of lien perfection, or within 45 days after any law enforcement hold is released, whichever comes later.5Justia. Arkansas Code 27-50-1209 – Foreclosure of Liens Before selling, the towing company must verify through the Arkansas Crime Information Center that the vehicle isn’t listed as stolen.
The buyer at the sale gets a new title by presenting documentation to the Office of Motor Vehicle, including an affidavit from the towing firm confirming the vehicle was towed and stored as an unattended or abandoned vehicle and that proper notice went to all registered owners and lienholders of record.6Justia. Arkansas Code 27-50-1210 – Nonjudicial Public Sale
How to Contest a Tow You Believe Was Wrong
Owners and lienholders who think a tow was unjustified have 30 days to seek a formal review. The clock starts on the date of removal, or on the date the towing firm notifies you of a law enforcement hold, whichever is later.3Justia. Arkansas Code 27-50-1207 – Removal of Vehicles Miss that 30-day deadline and you lose this avenue entirely.
Where you file depends on who ordered the tow:
- State agency removal: file a petition with the Arkansas State Claims Commission, naming the state agency that ordered the tow as a respondent.
- City or county removal where local government has an established administrative review process: follow those local procedures.
- Any other case, including city or county removals without a local review process: file a petition in the circuit court of the county where the vehicle is stored, naming the county, city, or town as a respondent, and also naming the towing company if it still has possession.
The reviewing body looks at whether the vehicle actually met the statutory criteria for removal and whether the tow followed proper procedure.3Justia. Arkansas Code 27-50-1207 – Removal of Vehicles Naming the right respondents matters: leave the towing company out of a circuit court petition when they’re the ones holding your car, and the court may not be able to order its release.
Penalties: Who Actually Gets Charged
Arkansas doesn’t impose criminal penalties on people who abandon vehicles. The criminal provisions in the subchapter target towing operators, not owners. It’s a misdemeanor to operate a tow vehicle in violation of the subchapter, to tow without a license or safety permit from the Board, to submit forged documents for a license, or to use an expired or revoked permit, punishable by a fine between $50 and $500, up to 90 days in jail, or both, with each day of an ongoing violation counted as a separate offense.7Justia. Arkansas Code 27-50-1212 – Criminal Penalties For the vehicle’s owner, the consequences are financial: towing and storage charges that accrue daily, and loss of the vehicle itself if the 45-day window passes without action.