Stolen Atv Recovered, Futher Action

[h2otech1]

Part I- Last year our second home was burglarized and my ATV stolen. Last week we were notified by the CHP that it was recovered and it is at the local tow yard (later informed that it was towed in the back of a pickup). When we arrived at the yard, we were informed that the fees to get the bike were $950. After further discussions I was able to talk the person down to a fee of $185. In the condition the bike is in now the value is most likely less than $50.

I have researched and found that the CA V.C Section 106525.5 that the tow company cannot charge more than 15 days storage fees once the registered owner’s name is ascertained. Since I was there at the tow yard within one hours time of being notified, basing my interpretation of the V.C, the tow company should not be able to charge more than ones days fees, or $46.

Does this seem logical, or does anyone have any input regarding this, besides just paying the $185? I think most everyone agrees that the tow industry bilks the general public on a daily basis.

Part II- I am trying to find the PR number from the tow company to get a copy for they are the only ones to piece the names of those involved. I want to sue in Small Claims, the person whom had possession of the bike when the police recovered it or at least pursue the path of the person that burglarized our home. I want to recover the costs of refurbishing the bike to its original condition ($2000), the costs of replacing the garage door they vandalized ($500) and of course the tow storage fees if I get the bike back ($46 – 185)

Any thoughts on suing someone that may be in prison or jail? Any success to suing a thief and recouping any costs related to the theft of personal property?

Part III- I also want to pursue with the DA’s office the action of prosecuting the person whom had possession for 1) Possession of stolen property, or 2) Breaking and Entering.

Any thoughts on how to persuade the DA’s office to pursue this course of action?

Thank you for your Reponses.

 

[mlk1978]

Part I- Last year our second home was burglarized and my ATV stolen. Last week we were notified by the CHP that it was recovered and it is at the local tow yard (later informed that it was towed in the back of a pickup). When we arrived at the yard, we were informed that the fees to get the bike were $950. After further discussions I was able to talk the person down to a fee of $185. In the condition the bike is in now the value is most likely less than $50.

I have researched and found that the CA V.C Section 106525.5 that the tow company cannot charge more than 15 days storage fees once the registered owner’s name is ascertained. Since I was there at the tow yard within one hours time of being notified, basing my interpretation of the V.C, the tow company should not be able to charge more than ones days fees, or $46.

Does this seem logical, or does anyone have any input regarding this, besides just paying the $185? I think most everyone agrees that the tow industry bilks the general public on a daily basis.

The only thing i can suggest to you on this is to show the tow company a copy of this law. If it is correct, then they will have to only charge you for the one day.

Part II- I am trying to find the PR number from the tow company to get a copy for they are the only ones to piece the names of those involved. I want to sue in Small Claims, the person whom had possession of the bike when the police recovered it or at least pursue the path of the person that burglarized our home. I want to recover the costs of refurbishing the bike to its original condition ($2000), the costs of replacing the garage door they vandalized ($500) and of course the tow storage fees if I get the bike back ($46 – 185)

Any thoughts on suing someone that may be in prison or jail? Any success to suing a thief and recouping any costs related to the theft of personal property?

Did you not have insurance (comp and collision too) on the ATV? If so, your insurance will pick up the tab to fix the ATV. And then of course go after the other party. If there was a police report made, then they should have the persons name and all the infor on that already. They may not give it to you though. But I could be wrong. As far as suing someone that is in jail, I have a friend that did that and she still hasn't seen her money. That was 5 years ago. But that doesn't mean you cant do it anyway.

Part III- I also want to pursue with the DA’s office the action of prosecuting the person whom had possession for 1) Possession of stolen property, or 2) Breaking and Entering.

Any thoughts on how to persuade the DA’s office to pursue this course of action?

They should already be considering prosecuting. Breaking and Entering and Possession of stolen property are crimes. You shouldn't have to pursuade anyone. Have you called the authorities to see if they have started to pursue action on this individual? If they haven't done anything, make sure you make it clear to the police that you want to press charges.

Thank you for your Reponses.

Your welcome!

 

[CdwJava]

I have researched and found that the CA V.C Section 106525.5 that the tow company cannot charge more than 15 days storage fees once the registered owner’s name is ascertained. Since I was there at the tow yard within one hours time of being notified, basing my interpretation of the V.C, the tow company should not be able to charge more than ones days fees, or $46.

There is also a hook and transport fee and this is usually over $125 or more.

I want to sue in Small Claims, the person whom had possession of the bike when the police recovered it or at least pursue the path of the person that burglarized our home.

If the police have a suspect he will be prosecuted. if convicted, he can be compelled to pay restitution to you ... provided he has the means to do so. So, before you spend money for an attorney or waste your time in Small Claims, you may want to see if there is a suspect who can be prosecuted.

Any thoughts on suing someone that may be in prison or jail? Any success to suing a thief and recouping any costs related to the theft of personal property?

If he is indigent ... good luck.

If he is convicted, Probation will prepare a victim impact report and will ask you for all estimates of repairs, loss, etc. Have written copies of these documents so they can be added to that probation report.

I also want to pursue with the DA’s office the action of prosecuting the person whom had possession for 1) Possession of stolen property, or 2) Breaking and Entering.

Entirely the choice of the DA. You are welcome to speak to the investigating agency and to the DA, but the decision to prosecute is theirs alone.



- carl