Section 32-13-6

Deductions from proceeds; report of sale.

(a) The person making the sale shall deduct from the proceeds of such sale the reasonable cost of repair, towing and storage and all expenses incurred in connection with such sale, and pay the balance remaining to the register of the circuit court of the county in which such sale is made; provided, that such costs shall in no event exceed the customary charges for like services in the community where the sale is made.

(b) The person making such sale shall promptly file with the register or clerk of the circuit court of the county in which such sale is made and shall furnish to the buyer a report of the sale within 10 days from the date of purchase, showing the date such abandoned motor vehicle first came into his or her possession or was abandoned on his or her premises, the name and address of the owners, secured parties, and lienholders of record that had an interest in the vehicle, the date on which the certified mail as required by subsection (a) of Section 32-13-4 was sent to the owner, secured party, or lienholder of record of the intended sale, the time and place of the sale, the amount for which the abandoned motor vehicle was sold, the amounts deducted from the sale price for repair, towing, and storage expenses, and the amount paid to the register or clerk of the circuit court. If the owners, secured parties, and lienholders of record are not known and could not be ascertained by reasonable effort, the report of the sale shall also include the name of the newspaper in which the notice of the sale was published as provided in subsection (b) of Section 32-13-4, the dates of publication, and the cost of publication. The person making the sale shall also attach to the report either: a. A copy of the statement, form, or document from the Department of Revenue identifying the current owners, secured parties, or lienholders of record of the vehicle, and a copy of the certified mail return receipt proving that notice of the sale was given, or was attempted to be given, to the owners, secured parties, or lienholders of record as required by subsection (a) of Section 32-13-4, or b. a copy of the statement, form, or document from the Department of Revenue indicating that the department has no record of the current owners, secured parties, or lienholders of record for the vehicle. The clerk or register shall not approve a report of sale, and the Department of Revenue shall not issue a title for the vehicle, unless a statement, form, or document from the department identifying the current owners, secured parties, or lienholders of record for the vehicle or stating that the department has no information of record and a notarized affidavit from the seller attesting to the fact that the seller gave notice, or attempted to give notice, as required by Section 32-13-4, are submitted to the clerk or register by the person making the sale. Such report shall contain a statement by the person making such sale, certifying to the correctness of such report under oath.

(c) The clerk or register of the circuit court receiving the report of sale shall deduct from the funds paid with such report a fee of thirty-five dollars ($35) in accordance with Section 12-19-76, except that if the funds paid are equal to or less than thirty-five dollars ($35), no fee is due.

(Acts 1971, No. 1154, p. 1999, §6; Act 2003-402, §1.)