Tow co. disposed of my car without my consent

[DJB925]

What is the name of your state (only U.S. law)? Massachussetts
My car was towed as a result of an accident/arrest. The car was impounded for evidence as the case is still open. The towing company junked my car, they said that the district attorney gave them permission. The DA says he knows nothing about it. It was my understanding in MA they have to send 3 certified letters with response requested before they can dispose of vehicle. When I asked for copies of the certified letters they supposedly sent, they could not produce them. Also i had a breathalizer machine in the car which I was still under contract. What are my options?What is the name of your state (only U.S. law)?
MA

 

[ecmst12]

How long was your car there for?

 

[DJB925]

Impounded vehicle disposed of

It was towed to the police station on 5/29/11, then towed to the tow lot on 6/3/11. The vehicle was impounded for evidence in a case, so it should have been held until it was used in trial, or till the end of the trial. The tow yard says that the ADA gave them authorization to dispose of it in September of 2011. In Sep. of 2011, I had not even been arraigned in Superior Court when I was indicted. They never let us know that they got rid of the car until I was released on bail and asked them where it was.

 

[xylene]

It was towed to the police station on 5/29/11, then towed to the tow lot on 6/3/11.

The tow and liquidation sale were MORE than legal.

 

[DJB925]

impounded car

Dont they have to notify the owner? The police released it to the tow co. I was never notified that it was able to be picked up.

 

[xylene]

Dont they have to notify the owner? The police released it to the tow co. I was never notified that it was able to be picked up.

What does that mean? Did they admit to never sending it?


Is your name and address current on the TITLE and REGISTRATION?

 

[Mass_Shyster]

There are very strict procedures that must be followed in order to dispose of a vehicle. It sounds like they may not have properly followed the laws, and you may be entitled to the value of your car.

Start with a Demand letter. This will protect your rights under the Massachusetts Consumer Protection Laws (Chapter 93A). If you don't get satisfaction, sue them. A judge may award double or treble damages if the court finds they did not comply with 93A in the response to the demand letter.

The small claims limit is $7,000. If the car was worth more than that, you'll need to go to the District Court. If it was worth more than $25,000, you'll need to go to the Superior Court.

This wasn't Pat's Towing, was it?

 

[DJB925]

impounded car

It was not Pats towing, I cannot say who it is until I get this resolved. They said they sent me the 3 registered letters, and when I asked for any proof, they couldn't come up with any. They are supposed to keep them on record..

 

[HighwayMan]

How much was the car worth? That will determine which court you need to deal with.