I sold a car two months ago. Last week I get a letter from a towing company saying I need to come get my car out of hock. I told the towing company I sold the car and have no title no keys and this is not my car anymore. i guess the way the towing company looks at it is it's still my car because the buyer never got it registered. Towing company says they are going to take me to court for towing charges and storage fees. Pretty much told them to go fly a kite. I called the guy that bought the car. He gave me a sob story that he had no money to get the car back as the towing company wants $300 to release the car. Not sure how to proceed with this.
It doesn't matter how the towing company looked at it. By law in order to effectively perfect its lien rights and to dispose of the vehicle either by junking it or selling, it is required to give notice there of to:
" . . . the person shown to be the owner of the vehicle in the records of the department of transportation . . . " (Wisconsin Statutes Section 779.415 (2) Liens on vehicles for towing and storage.)
Provided it is saleable and sells for more than the towing and storage charges, the good news is that you as the registered owner are entitled to any excess.
Also of note is that the statute does not expressly allow the lien holder the right to sue the registered owner for any deficiency. Nor give any legal cause of action against the registered owner. And since such liens were not afforded under common law, the statute must be strictly construed. Meaning a court could not add any remedies not specifically provided.
