Last Update: July 27, 2026

How To Claim an Abandoned Vehicle in South Carolina

Claiming an abandoned vehicle in South Carolina requires strict adherence to statutory procedures governing notice, waiting periods, magistrate sales, and title application. The state law distinguishes between abandoned vehicles left on highways or public property and vehicles left at repair or storage facilities. Different procedures apply depending on how and where the vehicle came into custody. The successful purchaser at a magistrate-conducted public auction receives a clear title to the vehicle, and proper compliance with each procedural step is essential to lawfully acquire ownership free of the prior owner's and lienholders' claims.

What Qualifies As An Abandoned Vehicle In South Carolina

South Carolina law establishes separate statutory definitions for abandoned and derelict vehicles. Under South Carolina law, an abandoned vehicle is a motor vehicle that must be registered in the state if operated on a public highway. A vehicle is classified as abandoned when it is left unattended on a highway for more than forty-eight hours or left on public or private property without the consent of the property owner for a period of more than seven days.

A derelict vehicle is a separate classification under state law that includes vehicles whose registration has expired, vehicles with removed major parts, vehicles with removed identification numbers, vehicles where the registered owner has disclaimed ownership, or vehicles more than eight years old without current registration.

The state uses a colored tag system to mark vehicles as abandoned or derelict. An officer may place a colored tag on a vehicle determined to be abandoned or derelict. A colored tag is an official notice affixed to the vehicle advising the owner or person in possession that the vehicle has been declared abandoned or derelict. The colored tag constitutes a legal notice to the owner or person in possession. Once an officer places the first colored tag on a vehicle, the tag remains valid for 12 months from the date of placement. However, if a second colored tag is subsequently placed on the vehicle at any location, the vehicle automatically attains abandoned status, and law enforcement may proceed immediately with removal and disposition without further notice or delay.

Vehicles left at repair facilities, storage facilities, garages, or towing companies are addressed under separate statutory provisions. A vehicle may be classified as abandoned under Section 29-15-10 when it is left at such a facility and remains unclaimed for 30 days following proper written notice to the owner and lienholder.

Process To Claim An Abandoned Vehicle In South Carolina

Understanding The Abandoned Vehicle Process

South Carolina establishes two primary procedures for the disposition of abandoned vehicles, depending on where and how the vehicle came into custody. For vehicles left on highways or public property and marked with colored tags by law enforcement, removal and disposition follow procedures established in Sections 56-5-5810 through 56-5-5850. For vehicles left at repair shops, storage facilities, garages, or towing companies, disposition follows procedures established in Section 29-15-10. In both cases, the vehicle must ultimately be sold at a magistrate-conducted public auction to transfer ownership lawfully.

South Carolina does not permit direct private acquisition of title to an abandoned vehicle by mere possession. The public auction process ensures fair market valuation and protects the interests of the prior owner, lienholders, and the general public. The successful purchaser receives a magistrate's order of sale documenting the transfer of ownership and the purchase price, which serves as the foundation for applying for a new certificate of title.

Report The Abandoned Vehicle

The abandoned vehicle process typically begins with a report to law enforcement or a towing company. When a law enforcement officer determines that a vehicle meets the statutory definition of abandoned or derelict, the officer may place a colored tag on the vehicle as a legal notice. The colored tag advises the owner or possessor that the vehicle has been declared abandoned or derelict. When a vehicle is towed at the request of a property owner or by a towing company for an abandoned vehicle on private property, the business or towing company must follow the procedures established in Section 29-15-10.

Entities initiating abandoned vehicle proceedings may also file a Report of Abandoned, Derelict, or Unclaimed Vehicle or Mobile Home (Form TR-2) with the South Carolina Department of Motor Vehicles within a specified timeframe. The TR-2 form documents the vehicle and initiates state record-keeping. Filing the TR-2 requires a $10 fee per vehicle if you are requesting information from the DMV. Reporting the vehicle only, without requesting information, is free. This form serves as supplemental documentation but does not replace law enforcement notification procedures or the magistrate sale process.

Verify Title Records And Owner Information

Before the vehicle may be sold at public auction, the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop must identify the registered owner and any lienholders of record. Section 29-15-10 of the South Carolina Code requires applying to the appropriate titling facility, which may include one or more of the following:

• The South Carolina Department of Motor Vehicles if the vehicle is titled in South Carolina.
• A vendor authorized by the DMV to provide real-time access to title and lienholder information.
• The National Motor Vehicle Title Information System (NMVTIS) is used to determine the state in which the vehicle was last titled.
• The appropriate titling governmental entity or vendor in the state where the vehicle was last titled, as identified through NMVTIS.
• The South Carolina Department of Natural Resources, if applicable.

For untitled vehicles whose owners' names are known, a search must be conducted with the South Carolina Secretary of State's Office to identify any lienholders. When a vehicle is not titled in South Carolina and has no out-of-state registration, the proprietor, owner, or operator may apply to the sheriff or chief of police in the jurisdiction where the vehicle is stored. Law enforcement will conduct records searches, including the National Crime Information Center, to determine the state of registration for the vehicle.

Send Required Notices

Once the vehicle owner and lienholders are identified from title records, written notice of custody, charges, and pending disposition must be sent to all registered owners and lienholders. Section 29-15-10 B requires that notice be sent by registered or certified mail, return receipt requested, or certified mail with electronic tracking.

The notice must be sent within 5 business days after the proprietor, owner, or operator receives the owner's and lienholder's identities from the titling facility search. The notice must include a full description of the vehicle, identification number, the location where the vehicle is held, a detailed listing of all charges incurred to date (including towing and initial storage charges), and the amount of daily storage costs that will accrue after the notice is sent.

Storage charges may accrue for up to 7 business days before notice is sent. No additional storage charges are permitted for the period before notice is mailed to the owner and lienholder. After notice is sent, storage charges may continue to accrue at a disclosed daily rate.

If the owner or any lienholder reclaims the vehicle during the 30-day notice period and pays all towing, storage, repair, and other charges, the vehicle is released, and the abandoned vehicle process terminates.

Allow The Statutory Waiting Period

After notice is mailed to the owner and lienholders, a mandatory 30-day waiting period must elapse before the vehicle may be sold. During this period, the owner or any lienholder may reclaim and redeem the vehicle by paying all accrued towing, storage, repair, and other authorized charges.

If the 30-day period expires without reclamation or redemption by the owner or lienholder, the vehicle is legally classified as abandoned and becomes eligible for sale at public auction.

File Notice Of Sale With The Magistrate

Upon expiration of the 30-day waiting period, the proprietor, owner, or operator must file appropriate papers with the magistrate's court in the county where the repairs were completed or where the vehicle was stored. Under Section 29-15-10 D, the magistrate must, before conducting the sale, verify that proper notice has been given to the owner and all lienholders of record by registered or certified mail, return receipt requested, or by certified mail with electronic tracking.

Publish Auction Notice

The magistrate must advertise the vehicle for at least 15 days by posting a notice in three public places within the township or county. The notice must describe the vehicle, identify the prior owner's name and address, identify any lienholders, state the date and time of the public sale, and identify the location where the auction will be held.

In addition to posting, notice may be published in a newspaper of general circulation in the area where the vehicle was abandoned or is stored, as guidance provided by the South Carolina Court Administration indicates.

Conduct The Public Auction

The magistrate shall conduct the vehicle sale at public auction on the advertised date and time. The sale must be open to the public, allowing any member of the public to bid on the vehicle. The vehicle is awarded to the highest bidder. The proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop may open the bidding at a minimum bid of $1. If no higher bids are received, the vehicle is awarded to the proprietor, owner, or operator at no additional cost.

Complete The Bill Of Sale And Distribute Proceeds

Upon completion of the auction, the magistrate issues a magistrate's order of sale documenting the sale transaction. The magistrate will pay to the proprietor, owner, or operator all amounts due for towing, storage, repair, and other authorized charges upon receipt of a receipt.

From the sale proceeds, the magistrate deducts amounts due to the proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop. The magistrate then satisfies any recorded liens in order of priority as shown on the certificate of title. Any remaining sale proceeds are held by the magistrate for the vehicle's owner or any entitled lienholder.

The magistrate must notify the original owner and all lienholders by registered or certified mail, return receipt requested, or certified mail with electronic tracking that they have 90 days from the date notice is mailed to claim any remaining proceeds from the sale. If the proceeds are not claimed within 90 days from the day after the notice is mailed, the remaining balance is deposited into the general fund of the county or municipality where the sale was conducted.

Apply For Title

The successful purchaser must apply for a South Carolina certificate of title through the Department of Motor Vehicles within a reasonable time following the auction. The purchaser must submit a completed Title Application (Form 400) and provide the magistrate's order of sale as proof of ownership transfer. The purchaser must also provide identification, evidence showing that the vehicle will be principally garaged or operated in South Carolina, and payment of the required title fee.

The purchaser should submit the magistrate's order of sale, proof of identification, and documentation of a South Carolina address with the Form 400 application. The Statement of Vehicle Operation in South Carolina (Form TI-006) may be submitted as supplemental documentation if applicable. If required by the DMV, an odometer disclosure statement and proof of any VIN inspection must also be provided.

Bonded Title Or Surety Bond Requirements

South Carolina does not expressly require a surety bond or bonded title for vehicles acquired through the magistrate-conducted public auction process established in Section 29-15-10. The magistrate's order of sale constitutes sufficient proof that statutory procedures were followed, and the title application may proceed directly with the DMV using the magistrate's order as the primary ownership transfer document.

However, if complications arise or if the purchaser cannot obtain the magistrate's order, the DMV may require additional documentation or affidavits to support the title application. Consultation with the Department of Motor Vehicles regarding any bonded title option or alternative procedures is recommended in such circumstances.

Special Rules For Salvage, Rebuilt, Or Inoperable Vehicles

If an abandoned vehicle has previously been branded as a salvage vehicle on its certificate of title, the new certificate of title issued to the purchaser will retain the salvage brand. A vehicle bearing a salvage brand cannot be registered or lawfully operated on South Carolina highways until the vehicle has been restored by a licensed rebuilder, inspected by the Department of Motor Vehicles, and issued a rebuilt certificate of title by the DMV.

Maintain Records

The proprietor, owner, or operator of the towing company, storage facility, garage, or repair shop, and the magistrate conducting the sale, must maintain comprehensive records for at least 3 years from the date of sale. Records must include copies of all notices sent to prior owners and lienholders, proof of certified mail delivery (return receipts), vehicle descriptions, title record searches and responses, the magistrate's order of sale, auction advertisements, and documentation of sale proceeds distribution. These records are subject to review and verification by law enforcement and the Department of Motor Vehicles.

South Carolina Storage Fees And Financial Considerations

Storage Fee Rules

Towing companies, storage facilities, garages, and repair shops may charge storage fees for vehicles in their custody; however, Section 29-15-10 B strictly limits the period during which storage charges may accrue. Storage charges may only accrue for a maximum of 7 business days before notice of the vehicle's location is sent to the owner and lienholder by registered or certified mail, return receipt requested, or certified mail with electronic tracking.

No storage charges may be assessed for any period prior to the sending of such notice of location. Once notice is mailed, storage charges may continue to accrue at a daily rate that must be disclosed in the notice to the owner and lienholder. All accrued storage charges, along with towing and other authorized costs, are deducted from the gross sale proceeds at auction before any balance is remitted to the owner or lienholder.

Towing And Recovery Charges

Towing and removal fees are authorized expenses deductible from sale proceeds under Section 29-15-10. The towing company is entitled to recover reasonable charges for removing and transporting the vehicle to a storage facility or impound lot. Under Section 16-11-760 of the South Carolina Code, when a vehicle is unlawfully parked on the private property of another without the owner's consent, charges for towing, storing, and preserving the vehicle constitute a lien against the vehicle and are deductible from auction proceeds.

The proprietor, owner, or operator may hold the license tag of any vehicle until all towing and storage costs allowed under law have been paid or until the vehicle is declared abandoned and sold.

Disputes Over Charges

Section 29-15-10 permits the proprietor, owner, or operator to charge only authorized amounts for towing, storage, and repairs. If a dispute arises regarding the reasonableness or legitimacy of charges assessed, the vehicle owner or lienholder should document the dispute and contact the towing company and the law enforcement agency in the jurisdiction to request review. State law does not provide a specific administrative dispute resolution process, and disputes over towing and storage charges may require legal action or a complaint to local law enforcement authorities.

Contact Information

South Carolina Department of Motor Vehicles
10311 Wilson Boulevard, Building C, Blythewood, SC 29016
Phone: (803) 896-5000
Official Website: South Carolina Department of Motor Vehicles