Stolen car was recovered Towing Company wants me to pay

[FSanchez]

What is the name of your state (only U.S. law)? California.

My car was stolen 9-10-11 from my driveway. The car was found on 9/21/11 around 9:13. I received one phone call that night with no voicemail. I was in class at the time so I missed the call. I wasn't notified that my car had been recovered till Friday the 23rd when I received a notice saying my vehicle has been recovered. I called the police department and they said I had to come get the release form. I went to the PD got the release form and called the towing company. The towing company said their hours were Mon-Fri 9-5PM and I hung up. I went to their local shop here in my city yesterday and it was closed. I then called the number they had on the door and the same woman from Friday answered saying that they were at the shop in the next town over, my car was at that location, and that it was $450 to get my car and that was "waiving the lien sale fee". I told them the car was stolen, I didn't have the money to pay them, and I wouldn't have the money to pay them till Mid Oct or the beginning of November at the latest and she replied that the nightly storage fee was $45. Is there anything I can do? I asked classmates for help and if they could pitch in and my Professor said I could sue them in the Small Claims court, but after going to the courthouse today and reading through the paperwork it seems Small Claims is for suing for money. Please help. Everyday is another $45 they want from me.

 

[Antigone*]

What is the name of your state (only U.S. law)? California.

My car was stolen 9-10-11 from my driveway. The car was found on 9/21/11 around 9:13. I received one phone call that night with no voicemail. I was in class at the time so I missed the call. I wasn't notified that my car had been recovered till Friday the 23rd when I received a notice saying my vehicle has been recovered. I called the police department and they said I had to come get the release form. I went to the PD got the release form and called the towing company. The towing company said their hours were Mon-Fri 9-5PM and I hung up. I went to their local shop here in my city yesterday and it was closed. I then called the number they had on the door and the same woman from Friday answered saying that they were at the shop in the next town over, my car was at that location, and that it was $450 to get my car and that was "waiving the lien sale fee". I told them the car was stolen, I didn't have the money to pay them, and I wouldn't have the money to pay them till Mid Oct or the beginning of November at the latest and she replied that the nightly storage fee was $45. Is there anything I can do? I asked classmates for help and if they could pitch in and my Professor said I could sue them in the Small Claims court, but after going to the courthouse today and reading through the paperwork it seems Small Claims is for suing for money. Please help. Everyday is another $45 they want from me.

You don't have a reason to sue them. They are a business and they are entitled to make a living.

You do, however, have a case against the thief.

You might want to think about getting a loan.

 

[Zigner]

You will have to pay the fees. Why should the yard eat it?

 

[ecmst12]

If you have comprehensive coverage on your insurance, they will cover the towing and storage fees (less your deductible of course).

 

[CdwJava]

I wasn't notified that my car had been recovered till Friday the 23rd when I received a notice saying my vehicle has been recovered.

The law requires the reporting agency to notify you by mail and that notice must be sent within 48 hours. It appears this requirement was fulfilled.

I called the police department and they said I had to come get the release form. I went to the PD got the release form and called the towing company. The towing company said their hours were Mon-Fri 9-5PM and I hung up. I went to their local shop here in my city yesterday and it was closed. I then called the number they had on the door and the same woman from Friday answered saying that they were at the shop in the next town over, my car was at that location, and that it was $450 to get my car and that was "waiving the lien sale fee".

A couple of issues I see here ... one, the agency's release form, yes, you have to do that if they require it. They can waive their fee for the form and, if I recall correctly, may be required to do so (I'd have to look that up).

Two, the tow company must be available to release the vehicle after hours and on weekends, though they may charge a "gate fee" for the after hours activity. This tends to run anywhere from $75 to $200 from what I have seen, but should be covered by MOU or contract with the local agency and must be within CHP standards.

Three, it's nice of them to waive a lien sale fee that they cannot apply until after the vehicle has been in their possession for at least 15 days.

I told them the car was stolen, I didn't have the money to pay them, and I wouldn't have the money to pay them till Mid Oct or the beginning of November at the latest and she replied that the nightly storage fee was $45. Is there anything I can do?

You can ask your insurance company to pay the fee. Or, you can sign the vehicle over to them in lieu of whatever fees might be accrued.

Understand that if you leave it in their care the fees will mount up and they can then sell it at auction and then come after you in civil court for the balance between the amount of the lien sale (usually an auction) and what you owe them for impound and storage.

Yes, it sucks because you effectively get punished for being a victim. Unfortunately, that is the status of the law.

I asked classmates for help and if they could pitch in and my Professor said I could sue them in the Small Claims court, but after going to the courthouse today and reading through the paperwork it seems Small Claims is for suing for money.

Yes, Small Claims is about money.

Your options are limited, I am afraid.