Stolen Vehicle vs. Towing Company

[Nomadic]

Please Help!!!

Ok I had a vehicle (less then $4000.00 value) stolen in California, which I reported to the local police department. When the vehicle was recovered several weeks later the police did not notify me and had a local towing company store the vehicle. Because the vehicle had out of state plates on it (I just moved to California a few weeks prior to the theft) the towing company sent the "Notice of Pending Lien Sale" to my previous address in another state. By the time this mail caught up to me the towing company had already sold my car, and is now charging me nearly $1400.00 for storage fees.

I am planning on taking this to small claims court but WHO DO I SUE??? The police department did not follow the law spelled out in CA VEH. Section 10500(a), regarding the procedure of contacting me. But the towing company are the people trying to collect storage fees. Not to mention my car was sold and the towing company profited from my loss.

Anyone who has advice please help. Thanks.
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[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

You countersue the towing company for abuse of process and bring in the officer in charge. Take it to small claims court and ask it to be dismissed based on : wrong party to charge.

Mention the specific state code and also mention you were not given notice and did not have an agreement with towing company to store your vehicle. Therefore, you shouldn't be responsible. Towing company should be aware of this statute since they probably deal with stolen vehicles all the time.