What is the name of your state?California
My car was impounded due to a 14601.1(a) -- (susp. lic.) for 30- days. I knew that by law there was a specific amount of time that had to elapse before they could conduct a lien sale so I did not contact the tow yard right away until I raised enough funds to get the car out. Needless to say, when that day came I called only to find that my vehicle that I've had for 24 years had been sold! These people are nuts! It was sold on the 13th day following the initial 30 days where I couldn't get it out even if I had the money. So basically there were only 12 days open for me to retrieve the vehicle before it was sold. I did some research about what the tow yards are required to do before they can legally conduct a lien sale and found that they must apply for an "authorization to conduct a lien sale" within 30 days after the lien has "arisen". They also must send a completed "Notice of Pending Lien Sale" form to the registered owner and legal owner at their addresses of record with the department, and to any other person known to have an interest in the vehicle. The specific date, exact time, and place of sale, shall be set NOT LESS THAN 31 DAYS, but not more than 41 days, from the date of mailing. It says they can't do this though, until the lien "arises". The lien is deemed to arise on the date of possession of the vehicle (on a regular tow which of course means parking in red zones,etc. where the car can be retrieved from the tow yard by the owner immediately forthwith). I couldn't find or it didn't mention anything about when the lien is deemed to arise in the event of a 30- day impound. So that is my question. Shouldn't it arise when it becomes due and payable and not before? Certainly they are not allowed to apply for an authorization to conduct a lien sale before there has been any delinquency.?.! If they are then maybe this could be a landmark case because I think anyone would agree that that's bull----!I need some ammo here so I would greatly appreciate any and all feedback. Thanks for listening.
My car was impounded due to a 14601.1(a) -- (susp. lic.) for 30- days. I knew that by law there was a specific amount of time that had to elapse before they could conduct a lien sale so I did not contact the tow yard right away until I raised enough funds to get the car out. Needless to say, when that day came I called only to find that my vehicle that I've had for 24 years had been sold! These people are nuts! It was sold on the 13th day following the initial 30 days where I couldn't get it out even if I had the money. So basically there were only 12 days open for me to retrieve the vehicle before it was sold. I did some research about what the tow yards are required to do before they can legally conduct a lien sale and found that they must apply for an "authorization to conduct a lien sale" within 30 days after the lien has "arisen". They also must send a completed "Notice of Pending Lien Sale" form to the registered owner and legal owner at their addresses of record with the department, and to any other person known to have an interest in the vehicle. The specific date, exact time, and place of sale, shall be set NOT LESS THAN 31 DAYS, but not more than 41 days, from the date of mailing. It says they can't do this though, until the lien "arises". The lien is deemed to arise on the date of possession of the vehicle (on a regular tow which of course means parking in red zones,etc. where the car can be retrieved from the tow yard by the owner immediately forthwith). I couldn't find or it didn't mention anything about when the lien is deemed to arise in the event of a 30- day impound. So that is my question. Shouldn't it arise when it becomes due and payable and not before? Certainly they are not allowed to apply for an authorization to conduct a lien sale before there has been any delinquency.?.! If they are then maybe this could be a landmark case because I think anyone would agree that that's bull----!I need some ammo here so I would greatly appreciate any and all feedback. Thanks for listening.