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towed car sold

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df617

Junior Member
What is the name of your state (only U.S. law)? Colorado

Car was towed. Kids just moved here from out of state and reg expired on the drive here. Car was towed from apt parking lot. She called the tow co to see how much to get it back. Major bucks, she told them she had to save the money and would be there to get it when she had the money. She called again two months later and got the new dollar amount, she told them again that she was trying to get the money together and would be in to pay when she had it. They went in to get the car (another 2 months) and it had been sold. Tow co had sent cert mail to out of state address and it was signed for by unknown person. Tow co said they sent notification to the lienholder and didn't get a response. Lienholder (major co) has no record of any notification and advised getting an attorney.

Did they sell the car legally? I understand the out of state address and us not being there anymore, but the lienholder has no record of it and they are pretty upset. Tow co did not ask for any contact info from the caller and did not say anything about the car being sold if she didn't get it by a certain date.
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Colorado

Car was towed. Kids just moved here from out of state and reg expired on the drive here. Car was towed from apt parking lot. She called the tow co to see how much to get it back. Major bucks, she told them she had to save the money and would be there to get it when she had the money. She called again two months later and got the new dollar amount, she told them again that she was trying to get the money together and would be in to pay when she had it. They went in to get the car (another 2 months) and it had been sold. Tow co had sent cert mail to out of state address and it was signed for by unknown person. Tow co said they sent notification to the lienholder and didn't get a response. Lienholder (major co) has no record of any notification and advised getting an attorney.

Did they sell the car legally? I understand the out of state address and us not being there anymore, but the lienholder has no record of it and they are pretty upset. Tow co did not ask for any contact info from the caller and did not say anything about the car being sold if she didn't get it by a certain date.
Unfortunately for you they don't have to ask for any contact information over the phone. Legally they must sent all communications to the address of record. The car was there for several months, and the longer it stayed the more fees would accrue. Just from what you've indicated to us it does not appear the tow company did anything illegal.

What type of car (year/make) was this?
 

df617

Junior Member
Unfortunately for you they don't have to ask for any contact information over the phone. Legally they must sent all communications to the address of record. The car was there for several months, and the longer it stayed the more fees would accrue. Just from what you've indicated to us it does not appear the tow company did anything illegal.

What type of car (year/make) was this?
It was a 2002 Saturn Ion. I guess the problem I have is that the lienholder wasn't notified. I understand the out of state address mess. And I would assume there is no legal responsibility to ask for contact info, but wouldn't they have said "guess what you need to get here by xx/xx/xx or it will be sold"? I mean, it's in their best interest to get it out of the lot. I'm sorry, my daughter is 5 mos pregnant and her husband is a wounded vet and they are living on disability and unemployemnt, they couldn't come up with the money very fast. And the tow co knew their whole story....I guess the whole issue is not legal, just human. And the tow co doesn't seem to be in that last category.

So it is NOT required that the lienholder be notified, only the registered owner?
 

df617

Junior Member
It was a 2002 Saturn Ion. I guess the problem I have is that the lienholder wasn't notified. I understand the out of state address mess. And I would assume there is no legal responsibility to ask for contact info, but wouldn't they have said "guess what you need to get here by xx/xx/xx or it will be sold"? I mean, it's in their best interest to get it out of the lot. I'm sorry, my daughter is 5 mos pregnant and her husband is a wounded vet and they are living on disability and unemployemnt, they couldn't come up with the money very fast. And the tow co knew their whole story....I guess the whole issue is not legal, just human. And the tow co doesn't seem to be in that last category.

So it is NOT required that the lienholder be notified, only the registered owner?

PS Thank you for responding, I appreciate it.
 

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