• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Denied Post Storage hearing after car impounded. What can she do?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

elizabeth414

Junior Member
What is the name of your state (only U.S. law)? California Los Angeles County

Denied Post Storage hearing after car impounded.?
I was driving my mothers car and had a suspended license unbeknownst to her. I was pulled over and her car was impounded for 30 days. The law states she can ask for a post impound hearing within 10 days of being notified . First time she called after 2 days and the watch commander told her she was not entitled to one and hung up on her. 2nd time she went in and was told she had too many vehicles registered to her and she was refused again being told she was not entitled to one.

VC 22852 (c) (c) The poststorage hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The public agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed the storage of the vehicle.

She was denied the hearing twice. I have since got my license reinstated and we paid for her to get her car back after 27 days of storage along with towing fees, release fees, etc.

I believe she was denied due process by the sheriff's department as they decided she was not entitled to the hearing, regardless of weather or not she won the hearing or would have won the hearing after proving mitigating circumstances is not the issue, she wasn't allowed to a fair hearing as she was supposed to be entitled. Can she sue the Sheriff's department? for storage days 3 - 27 (she was denied hearing on day 3) plus other costs she incurred. What can she do and is this small claims? civil? how does she do this?
 


elizabeth414

Junior Member
Did you not like the answers you got down the street about a month ago? :cool:
I was never given a complete answer on how she should proceed about being denied the hearing, and since then there are new circumstances, license was shown release was given, fees have been paid etc. My question now is: What does one do when they are denied a poststorage hearing twice by the agency who ordered the tow, when they are legally entitled to one as written in the VC as I quoted in original post,

Secondly, I think it is to one's best advantage to gain as much knowledge as possible from several sources about situations they are not familiar with, don't you? Is there a problem with just getting a straight answer to a simple question. There is vast knowledge out there and also some great advice I have seen given, then there are those that seem to like nothing more than to post with nasty unnecessary comments. :)
 

quincy

Senior Member
Did you not like the answers you got down the street about a month ago? :cool:
elizabeth414, if you have been fretting over this for about a month, even after being advised elsewhere, perhaps it is time to tell your mother to seek out an attorney in her area for a personal review.

The attorney can let her know if any laws or rights were violated. The consultation with an attorney can be a smart thing to do before your mother considers filing suit against the sheriff's department.
 

elizabeth414

Junior Member
elizabeth414, if you have been fretting over this for about a month, even after being advised elsewhere, perhaps it is time to tell your mother to seek out an attorney in her area for a personal review.

The attorney can let her know if any laws or rights were violated. The consultation with an attorney can be a smart thing to do before your mother considers filing suit against the sheriff's department.
Good idea I was just not sure if this would be a small claims case or a civil suit. A month ago my questions elsewhere were a bit different. The car was just recovered yesterday and I was trying to post my question very clearly without other circumstances and questions mixed in. I shall suggest she seek the advice of an atty. Hopefully one that offers a free consultation because those impound fees are a killer. :)
 

quincy

Senior Member
Good idea I was just not sure if this would be a small claims case or a civil suit. A month ago my questions elsewhere were a bit different. The car was just recovered yesterday and I was trying to post my question very clearly without other circumstances and questions mixed in. I shall suggest she seek the advice of an atty. Hopefully one that offers a free consultation because those impound fees are a killer. :)
I wish your mother good luck.
 

CdwJava

Senior Member
A suit in Small Claims Court IS a "civil suit."

From what you wrote here and down the street, I'd say it's pretty clear that the agency failed to provide the required hearing (assuming mom is the registered owner of the impounded vehicle). Whether that will translate to compensation from a court, I can't say. I am unfamiliar with any similar suits.
 

Zigner

Senior Member, Non-Attorney
Mom will want to make a claim against the agency ASAP. If she doesn't do that within the appropriate time, then she will be unable to file a lawsuit.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top