Browse Arkansas Code titles and sections
18-16-413. Sale of a vehicle.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-16-413. Sale of a vehicle.
A self-service storage facility may sell a vehicle of a type subject to registration under the laws of this state using the procedure for the sale of a vehicle as provided in §§ 27-50-1202 and 27-50-1208 — 27-50-1210.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-16-413
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:18-16-413
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 893ae752b4a24202815b3fa23470e6db035d26b78fa266e82b2d61e3eacc7355
Source location: content.xml paragraph 5683
Stored source content
18-16-413. Sale of a vehicle.
A self-service storage facility may sell a vehicle of a type subject to registration under the laws of this state using the procedure for the sale of a vehicle as provided in §§ 27-50-1202 and 27-50-1208 — 27-50-1210.
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Arkansas Code — all titles (historical 2020) · legal_authorities
27-50-1202. Definitions.
As used in this subchapter:
(1) “Abandoned vehicle” means a vehicle deemed to be an unattended vehicle as defined in this section:
(A) As to which the owner has overtly manifested some intention not to retake possession; or
(B) That remains unattended, whether in its first-found location or in another location to which it has been removed under this subchapter, for a period of thirty (30) days during which period the owner gives no evidence of an intent to retake possession;
(2) “Consent” means towing, storage, or recovery of a vehicle, which towing, storage, or recovery is done with the permission of the owner or other person in charge of the vehicle;
(3) “Impounded or seized vehicle” means a vehicle subject to impounding or seizure by law enforcement under this Code, the Arkansas Rules of Criminal Procedure, a court order, or an ordinance;
(4) “Nonconsent” means towing, storage, or recovery of an unattended vehicle, abandoned vehicle, or impounded or seized vehicle as defined in this section or a disabled or inoperative vehicle without the express or implied permission of the vehicle owner, operator, agent, or person in charge of the vehicle;
(5) “Owner” means, in the absence of conclusive evidence to the contrary, the person in whose name the vehicle is registered with the Office of Motor Vehicle or in whose name the vehicle is registered in another state;
(6) “Owner preference” means the right of the owner, the owner's agent, or a competent occupant of a disabled or inoperative vehicle subject to nonconsent towing, storage, or recovery to request some responsible and reasonable person, gratuitous bailee, bailee for hire, or properly licensed or permitted tow facility chosen by the owner, the owner's agent, or a competent occ
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-50-1202
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-50-1202. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-50-1208. Possessory lien and notice to owners and lienholders.
(a)(1) The towing and storage firm shall have a first priority possessory lien on the vehicle and its contents for all reasonable charges for towing, recovery, and storage for which the owner is liable.
(2)(A) A possessory lien under this section attaches to not only the vehicle and its contents but also any trailer attached to the vehicle at the time it is towed and any contents of such trailer including, but not limited to, other vehicles or boats.
(B) A lien under this section shall not extend to the following items, without limitation:
(i) Personal or legal documents;
(ii) Medications;
(iii) Child-restraint seating;
(iv) Wallets or purses and the contents of such;
(v) Prescription eyeglasses;
(vi) Prosthetics;
(vii) Cell phones;
(viii) Photographs; and
(ix) Books.
(C) The items described in subdivision (a)(2)(B) of this section shall be released without charge by the towing and storage firm to the owner or operator of the motor vehicle or his or her duly authorized representative.
(b) The lien shall be perfected by:
(1) Maintaining possession;
(2) Mailing notice to the owner or owners and lienholders as shown on the data provided by the law enforcement agency involved as prescribed by this subchapter; or
(3) In the case of a vehicle removed pursuant to § 27-50-1101, giving notice to the last known registered owner or owners and lienholders as provided from the records of the:
(A) Office of Motor Vehicle;
(B) Arkansas Crime Information Center; or
(C) If known, motor vehicle records of any other state where the vehicle's registration indicates the name and address of the last registered owner and the name and address of the holder of any recorded lien, if any, on
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-50-1208
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-50-1208. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-50-1210. Nonjudicial public sale.
(a) After complying with the requirements of foreclosure of liens provided by this subchapter, ownership of the vehicle and its contents shall thereupon vest in the purchaser free of all liens of any nature. Should the nonjudicial public sale produce more funds than the sum of all charges, including the costs of the sale and including a reasonable charge for processing the paperwork, the excess shall be paid as follows:
(1)(A) If the vehicle was removed to an impound lot at the request of a law enforcement agency as authorized by this subchapter, the excess shall be maintained for a period of one (1) year by the entity that operates the impound lot.
(B) If the excess is not claimed during this period by the person legally entitled thereto, the moneys shall be paid to the entity operating the impound lot; or
(2)(A) If the vehicle was removed to a private impound lot under § 27-50-1101, the excess shall be paid to the county clerk to the account of the person legally entitled to the excess.
(B) The Unclaimed Property Act, § 18-28-201 et seq., shall apply to any unclaimed funds or excess moneys that have been paid to the county clerk.
(b) Should the sale produce the same or less than the sum of all charges:
(1) At the election of the possessory lienholder, the sale of the vehicle may be cancelled and ownership of the vehicle and its contents shall thereupon vest in the possessory lienholder as purchaser free of all liens of any nature; and
(2) The possessory lienholder shall have a valid claim against the owner for the full amount of the charges, including the costs of the sale and including a reasonable charge for processing the paperwork, less the sale price of the vehicle and its contents.
(c)(1) Upon presentation o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-50-1210
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-50-1210. This identifies an authority to review, not proof of applicability.