San Antonio, TX asked in Workers' Compensation and Small Claims for Texas

Q: How would I go about claiming property that has been left on my property

Car left for repairs for 2 in half months, and have not been contactedsince

1 Lawyer Answer
Roy Lee Warren
Roy Lee Warren
Answered
  • Workers' Compensation Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: This is not a wc question so you may want to ask it again under a more appropriate classification such as abandoned property or storage. You may be able to discover an answer by reviewing the laws for the following:

Texas Property Law

Sec. 72.101. PERSONAL PROPERTY PRESUMED ABANDONED. (a) Except as provided by this section and Sections 72.1015, 72.1016, 72.1017, 72.102, and 72.104, personal property is presumed abandoned if, for longer than three years:

(1) the location of the owner of the property is unknown to the holder of the property; and

(2) according to the knowledge and records of the holder of the property, a claim to the property has not been asserted or an act of ownership of the property has not been exercised.

You may also find the Texas Transportation Code of use. See the following:

Sec. 683.051. APPLICATION FOR AUTHORIZATION TO DISPOSE OF CERTAIN MOTOR VEHICLES. A person may apply to the department for authority:

(1) to sell, give away, or dispose of a motor vehicle to a motor vehicle demolisher for demolition, wrecking, or dismantling if:

(A) the person is the recorded owner or has been transferred ownership of the motor vehicle; or

(B) the vehicle is an abandoned motor vehicle and is:

(i) in the possession of the person; or

(ii) located on property owned by the person; or

(2) to dispose of a motor vehicle to a motor vehicle demolisher for demolition, wrecking, or dismantling if:

(A) the motor vehicle is in the possession of a lienholder under: (i) Chapter 54, 59, or 70, Property Code; or

(ii) Chapter 2303, Occupations Code;

(B) the lienholder has complied with all notification requirements of the applicable chapter to foreclose on the lien; and

(C) the lienholder determines:

(i) the motor vehicle's only residual value is as a source of parts or scrap metal; or

(ii) it is not economical to dispose of the vehicle at a public sale.

I hope these help. You can find the Transportation Code online at:

https://statutes.capitol.texas.gov/Docs/TN/htm/TN.683.htm#683.034

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