§ 31-13-109 — Disposition of vehicles left unattended or unclaimed on private property and sold by the property owner or through a court action

Wyoming § 31-13-109

• Jurisdiction: Wyoming
• Title 31: Motor Vehicles
• Ch. 13: ABANDONED VEHICLES

Text

(a) A vehicle defined as abandoned under W.S. 31-13-
101(a)(x)(C) may be sold by the owner or person in lawful
control of the property on which the vehicle is left unattended
or unclaimed at public auction to the highest bidder or may be
sold following an action filed pursuant to W.S. 31-13-112(e).
The thirty (30) day period begins on the first day the owner or
person in lawful control of the property has knowledge the
vehicle is left unattended or unclaimed without consent or after
consent has expired.
(b) After the time period provided in subsection (a) of
this section has expired, or within the time requirements
provided in W.S. 31-13-104(g) for a towing and recovery service,
the owner or person in lawful control of the property shall give
a written report to the department on a form prescribed by the
department containing the following information:
(i) A description of the make, year, model, license
plate number and state indicator if available, and vehicle
identification number of the vehicle;
(ii) The names and addresses of the vehicle owner or
driver and any lienholders if known;
(iii) The name and address of the owner of the
property where the vehicle was left unattended or unclaimed;
(iv) The date the vehicle was left unattended or
unclaimed without the express consent or after the expiration of
consent of the owner or person in lawful control of the
property;
(v) If the vehicle is removed, the date, time and
location of removal and the name and address of the person who
removed the vehicle; and
(vi) The address of the current location of the
vehicle.
(c) Upon receipt of the report provided in subsection (b)
of this section, the department shall make reasonable efforts to
identify the owner and any lienholders of record. The
department shall forward the information obtained to the owner
or person in lawful control of the property.
(d) The owner or person in lawful control of the property
shall give a written notice of sale after the thirty (30) day
time period provided in subsection (a) of this section expires
but not less than ten (10) days preceding the date of sale to
the sheriff of the county in which the vehicle is sold and by
certified mail, return receipt requested, to the owner and any
lienholder of record, if they are identified through reasonable
efforts. The owner or person in lawful control of the property
shall publish notice of the sale once per week for two (2)
consecutive weeks in a newspaper of general circulation in the
county where the vehicle is abandoned. The notice shall contain
the following:
(i) A complete description of the make, year, model,
license plate number and state indicator if available, and
vehicle identification number of the vehicle;
(ii) The amount of money claimed for expenses
incident to the removal, preservation, custody, storage and sale
and if the vehicle is left unattended or unclaimed at an
establishment for service, repair, towing and recovery or
maintenance, the cost of the services; and
(iii) The time and place of the sale.
(e) All proceeds from the sale pursuant to this section
may be retained by the person selling the vehicle. The owner or
lienholder is entitled to recover from the person selling the
vehicle any proceeds of the sale in excess of the costs of the
sale and monies owed for expenses related to removal,
preservation, custody, storage and sale and if left unattended
or unclaimed at an establishment for service, repair, towing and
recovery or maintenance, the cost of the services provided an
action is filed in the proper court for recovery within one
hundred twenty (120) days of the sale.
(f) Upon receipt of satisfactory evidence from the seller
that he has complied with this section and sold the vehicle, the
sheriff shall execute a certificate of sale in duplicate for a
fee of seven dollars and fifty cents ($7.50) to be deposited in
the county general fund. W.S. 31-13-110 and 31-13-111(a) and
(f) apply to any sale under this subsection. Satisfactory
evidence of compliance requires the following:
(i) A copy of the record required to be filed with
the department;
(ii) A copy of the information provided by the
department pursuant to subsection (c) of this section; and
(iii) Copies of the notice of the sale and proof of
mailing and publication required by subsection (d) of this
section.
(g) At any time before a sale under this section, the
owner or lienholder of record may reclaim the vehicle upon
payment of expenses incident to removal, preservation, custody,
storage and sale, and if a vehicle was left unattended or
unclaimed at an establishment for service, repair, towing and
recovery or maintenance, the cost of the services. Storage
expenses shall be computed at the rate of twenty dollars
($20.00) per day and the total allowable expenses for removal,
towing, storage and sale shall not exceed one thousand dollars
($1,000.00).
(h) A sheriff who executes a certificate of sale under
this section is not liable to any person for damages resulting
from the sale of a vehicle under this section.
(j) No person shall sell a vehicle under this section if a
written court order prohibiting the sale is served on the
proposed seller. The court order shall be served on the person
selling the vehicle prior to the sale and shall not be issued
except for good cause.
(k) Upon the sale of a vehicle under this section, the
former owner, any lienholder or any person entitled to
possession of the vehicle has no further right, title, claim or
interest in or to the vehicle or its contents and all liens,
encumbrances and security interests are extinguished.