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Dealers tell committee SB 373 will speed removal of abandoned vehicles and lower costs
Summary
SB 373 would let adjuster's‑lien claims be filed in lower courts, clarify notice and service, and shorten the process for dealers and repair shops to dispose of abandoned vehicles, proponents said. Supporters argued the change reduces court costs and frees lot space.
Senate Bill 373, presented by Senator Barry Usher, aims to revise Montana’s adjuster’s‑lien statute to make it easier and less costly for dealerships, powersports dealers and repair shops to address abandoned vehicles. Bruce Knutson of the Montana Auto Dealers Association called the bill a "very, very simple" cleanup that would move many claims out of district court and into lower courts or small‑claims forums when appropriate.
Craig Charlton, an attorney for the Montana Auto Dealers Association, described three technical changes: allowing filing in any court of competent jurisdiction (so small‑claims or justice courts can hear small claims), clarifying show‑cause procedures for clerks, and updating service/notice procedures. He told the committee these changes let low‑value claims proceed in the appropriate forum rather than clogging district court dockets.
Franchise dealers and repair shop owners described the costs and operational burdens of holding abandoned vehicles for months or years and said the revised process would help free yard space and reduce disposal costs. Eric Hendrickson said several abandoned vehicles at his dealerships have been there for years and that the current process can cost more to litigate than the vehicle is worth.
Committee members questioned service and title transfer procedures; witnesses said the bill preserves judicial oversight (show‑cause hearings) and relies on existing sheriff sale and DMV title processes where appropriate. Sponsors asked for a do‑pass recommendation.
No formal amendments or votes were recorded during the hearing; proponents requested committee advance SB 373 to executive action.
