Do not call a random tow truck first. Removing a vehicle from private property without following your state's legal process can expose you to civil liability — even if the vehicle clearly doesn't belong there. This guide explains the correct sequence.
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Step 1: Before You Do Anything — Document the Vehicle
Your documentation is your legal protection. Before contacting anyone, take these steps:
- Photograph the vehicle from all four sides, plus the license plate and VIN (visible through the windshield on the dashboard). Use your phone so photos are automatically date-stamped.
- Note the exact date the vehicle first appeared on your property
- Write down the plate number, state, make, model, color, and approximate year
- Do not open, enter, or move the vehicle. This is critical. Touching or moving the vehicle before following the proper process can expose you to theft or damage claims
- If you know who left it, document that conversation or note too
Why documentation matters: If the registered owner later claims the vehicle was damaged, stolen, or that you did not give proper notice, your dated photos and records are your defense. Courts and DMVs routinely ask for this documentation when processing abandoned vehicle complaints.
Step 2: Try to Identify the Owner
Before escalating to police or DMV, make a reasonable attempt to identify who left the vehicle. This protects you legally and sometimes resolves the situation faster:
- Ask neighbors if they recognize the vehicle or saw who left it
- Check if the vehicle has any visible paperwork inside (insurance card, registration) — viewed through the window without entering
- In Virginia, you can initiate an owner lookup through the DMV's $40 AVP program directly
- In Texas, TxDMV allows certain owner record requests for legitimate abandonment purposes
- In most other states, police or the DMV will run the plate when you file a report
Step 3: Notify Law Enforcement or the DMV
This step varies significantly by state — some require police involvement, others allow direct DMV contact, and Virginia allows property owners to initiate through the DMV's online system directly.
Most States: Contact Local Police
In the majority of states, the correct first contact is your local police department's non-emergency line. Do not call 911 — this is not an emergency. Tell the dispatcher:
- You have an abandoned vehicle on your private property
- The date it appeared, the plate number, make, model, and color
- That you did not authorize it to be parked on your property
- That you are requesting an officer come to document the situation
The officer will run the plate, attempt to contact the owner, and file a report. Keep the report number — you will need it for subsequent steps.
Virginia: Use the Online AVP ($40)
Virginia property owners can skip the police step and go directly to the DMV's Abandoned Vehicle Program at dmv.virginia.gov. The $40 fee initiates a DMV record search and the DMV sends certified notification to the owner on your behalf. Full Virginia AVP guide →
California: Contact City Code Enforcement
For private property situations in California, contact your city's code enforcement division (not police). The code enforcement officer will post a 10-day notice of intent to abate. Full California guide →
Step 4: The Waiting Period
Every state requires a waiting period after proper notice before you can authorize removal. This gives the registered owner time to claim their vehicle. The required period varies:
| Wait Period | States (examples) |
|---|---|
| 48 hours | Texas (private property), Kansas |
| 7 days | Wisconsin (after notice), Michigan (immediate safety threat) |
| 10 days | California (notice to abate), Florida (after initial report) |
| 15 days | Washington state, Minnesota, Connecticut |
| 20 days | Indiana, New Jersey, Pennsylvania |
| 30 days | Most states (default): TX title process, GA, OH, CO, MT, NV, OR, SC, TN, and more |
| 45 days | New Hampshire |
Do not proceed one day early. If your state requires 30 days and you authorize removal on day 29, you may have invalidated the entire process. The owner could potentially sue you for unlawful conversion. Wait the full period.
Step 5: Authorized Removal
After the waiting period, you can arrange removal. This must be done through a licensed towing operator in most states — not just any tow truck company.
- Use a state-licensed tow/storage operator. In Texas, these are called VSFs (Vehicle Storage Facilities). In Oregon, only ODOT-certified operators qualify. Check your state's requirements.
- Provide your documentation to the tow operator: police report or DMV case number, photos, and your ownership documentation for the property
- The tow operator notifies your state DMV of the removal — this is their legal obligation, not yours, but confirm they are doing it
- Keep copies of everything. The tow receipt, police report, and all photos should be retained for at least two years in case of a later dispute
Commercial Property: Posted Signs Change the Rules
If you own a commercial property — a parking lot, strip mall, apartment complex, or similar — and you have posted legally compliant "No Unauthorized Parking — Tow-Away Zone" signs, your rights are significantly stronger. In most states, authorized towing of unauthorized vehicles on posted commercial property can happen without the extended waiting periods that apply to residential situations.
Sign requirements vary by state. Common requirements include:
- Minimum size (often 17"×22" or larger)
- Specific language including the tow company name and phone number
- Posted at specific locations (entrances, visible from all parking spaces)
- Minimum font size for readability
If your signs do not meet your state's exact specifications, the tow may not be authorized. Check your state's commercial tow-away sign requirements specifically. See our reporting guide for commercial property owners →
How the Process Varies Most by State
While the above steps apply broadly, here are the most significant state-by-state variations to be aware of:
Most Streamlined States
- Virginia: $40 online AVP program — DMV handles owner notification
- Texas: 48-hour private property threshold — fastest trigger in the country
- Washington: 15-day notice period — below average wait
- Indiana: 20-day process — shorter than most
Most Complex States
- California: 10-day code enforcement notice + 5-day DMV notification after removal — most steps
- New Hampshire: 45-day waiting period — longest in the country
- Oregon: Only ODOT-certified tow companies qualify for abandoned vehicle removal
- Pennsylvania: Requires police to request a licensed "salvor" take possession — you cannot arrange removal directly
Frequently Asked Questions
If you followed the proper legal process — documented the vehicle, filed a police report, waited the required period, and used a licensed tow operator — you have strong legal protection. The owner can dispute the tow if they believe the process was improper, but if you have your documentation in order, you have a legitimate defense. Keep all records. If you receive a legal notice or lawsuit, consult a local attorney promptly.
Yes. The length of time a vehicle has been on your property does not change the legal requirement to follow the proper notice process before removal. However, a very long history on your property (documented with dated photos) strengthens your abandonment claim if there is any dispute. The more documentation you have, the better.
If you can identify the owner and they are actively refusing to remove the vehicle, this shifts from an abandonment issue to a potential trespass or nuisance matter. Document your attempts to contact them. You may still go through the standard police report and waiting process, but you could also consult a local attorney about a civil demand letter. Some states have specific provisions for known-owner situations that differ from standard abandonment procedures.
Generally, private property owners who are not licensed tow or storage businesses cannot charge legally enforceable storage fees for an abandoned vehicle. Licensed VSFs and storage facilities can charge regulated fees. If you are not a licensed facility, you typically cannot place a formal storage lien on the vehicle, though you may be able to recoup actual out-of-pocket costs in some civil proceedings. Consult a local attorney if you are seeking to recover costs.