Tow Company says I owe them $28,000.00 !!!

[CdwJava]

No, you wouldn't need a property release for for that. At least, you shouldn't. I also find it very peculiar that the city would require such a form at all for the release of personal property which is covered under other areas of the CVC and the Civil Code. If they DO require such a form for the release of personal property from a tow yard, it seems a clear attempt by the city to gain revenue.

 

[Rich (my name)]

If the officer gave you a report number did you go to the PD records and get a copy?

yes. The tow hearing officer referenced a different report number in his decision letter....and he refused to let me inspect it.

 

[CdwJava]

yes. The tow hearing officer referenced a different report number in his decision letter....and he refused to let me inspect it.

That can be anything from a typo to a different document.

Have you since then gone in to request one or both of these reports? Have you asked to speak with a supervisor or someone in administration? Though, if a significant amount of time has passed, there may be no great urgency to any such request and little chance of any action after several months.

 

[Rich (my name)]

No, you wouldn't need a property release for for that. At least, you shouldn't. I also find it very peculiar that the city would require such a form at all for the release of personal property which is covered under other areas of the CVC and the Civil Code. If they DO require such a form for the release of personal property from a tow yard, it seems a clear attempt by the city to gain revenue.

No, you wouldn't need a property release for for that. At least, you shouldn't. I also find it very peculiar that the city would require such a form at all for the release of personal property which is covered under other areas of the CVC and the Civil Code. If they DO require such a form for the release of personal property from a tow yard, it seems a clear attempt by the city to gain revenue.

The tow yard says it is police policy Tow yard wouldnt even let me see truck.

 

[NeilTheCop]

I find it odd that a tow yard would keep your truck for a year. Our local tow companies would have got the title transferred to them as fast as possible because theat's where they make their money, and the only reason I can think of that you are not being allowed near your truck is that it is being held as evidence in a crime.

 

[CdwJava]

I find it odd that a tow yard would keep your truck for a year. Our local tow companies would have got the title transferred to them as fast as possible because theat's where they make their money, and the only reason I can think of that you are not being allowed near your truck is that it is being held as evidence in a crime.

The problem here is that Rich filed a document contesting the lien sale which generally forces it to a courtroom. Court hearings can be many months down the road, and the law does not force the tow company to file in court. So, if the tow company cannot sell it in a lien sale to satisfy the debt, the fees continue to add up until the owner of the vehicle either chooses to go to court to compel its release or releases it to the tow company to satisfy the debt. Contesting the lien sale does not absolve the debt to the tow company, and since Rich never sought to get it out of impound, he was going to have been out about $3,000 at the very least even if he got it out after 30 days. Letting it linger only racks up the fees.

 

[quincy]

Here is a link to Rich's other related (now-locked) thread: https://forum.freeadvice.com/threads/is-there-any-difference-between-a-post-storage-tow-hearing-and-a-post-impound-tow-hearing.650586/

 

[Rich (my name)]

Tow company wont give me invoice unless i pay because they say it is police policy and police say they have no such policy.

 

[CdwJava]

Tow company wont give me invoice unless i pay because they say it is police policy and police say they have no such policy.

I'm not surprised the police would not have such a policy as it's not something they can compel the tow company to comply with in the first place! Sounds like you may have a beef with the tow company.

The problem now seems to be a question of how much money are you willing to spend to address this issue? Or, might it simply be cheaper to sign the vehicle away to the tow company to satisfy any debts? What's the value of the car, anyway?

 

[Rich (my name)]

Its worth about $22,000 less than what the tow company wants.... If I file a suit my loss of use claim plus damages for civil rights violations plus whatever lawyer fees I rack up, will cost the agency/ and or tow company (if I win) more than what they stand to make from selling it. I realize that an attorney will not take my case unless they know I can win.....so it looks like Ima hafta be shopping around for one. However if I was a betting man I'd bet the tow co. doesnt even have it anymore............ wont that be fun to deal with. Thanks for the info.

 

[CdwJava]

Its worth about $22,000 less than what the tow company wants.... If I file a suit my loss of use claim plus damages for civil rights violations plus whatever lawyer fees I rack up, will cost the agency/ and or tow company (if I win) more than what they stand to make from selling it. I realize that an attorney will not take my case unless they know I can win.....so it looks like Ima hafta be shopping around for one. However if I was a betting man I'd bet the tow co. doesnt even have it anymore............ wont that be fun to deal with. Thanks for the info.

You'll likely have to pony up money for an attorney if you want one. This is not the sort of thing one will likely take on contingency as the reward will either be inconsequential or nonexistent. And since the car is worth only $6,000, your damages will put you into Small Claims Court (and thus, no attorney for you). I'm not certain, but I don't think you can sue for money that you MIGHT lose, only for the losses you have incurred as a result of their unlawful actions. But, civil suits are not my bailiwick.

If the tow company sold it without getting the court order there could be a different sort of trouble for them. I suspect they are not THAT stupid. But ... ya never know.

 

[Rich (my name)]

How long do they claim to have held said truck?

A lawyer might be able to help ... but, he might not.

If the tow company is still holding it, it could be that is because you filed the declaration opposing the lien sale. If your actions forced them to hold onto the vehicle even longer, then you may very well be liable for fees. I suspect that IF the matter is litigated, the fees may be capped at whatever the fair market value of the vehicle might be ... or allow the vehicle to be surrendered in lieu of the fees. Whether you stand a chance of successfully litigating the matter, that is hard to say. *IF* you had the appropriate documents at the time of the seizure and you presented them at the post-storage hearing but they were dismissed as irrelevant when they clearly were, then you might have a claim against the storing agency. I cannot say whether any claim against the tow company will be a separate action or if they can be combined into the same one. It may depend on the damages you seek and whether they will toss the matter from Small Claims to Superior Court. Others here may be more well versed in the civil process.

 

[Rich (my name)]

At a tow hearing why would I not be able to inspect evidence used against me? Tow hearing has to be held within 48 hours there is no time request discovery.

 

[CdwJava]

At a tow hearing why would I not be able to inspect evidence used against me? Tow hearing has to be held within 48 hours there is no time request discovery.

It is not a court hearing so discovery is not an issue. When I conducted those hearings, I would generally allow the requester to review the CHP-180 and any relevant information, but there is no legal requirement to do so.

 

[Rich (my name)]

It is not a court hearing so discovery is not an issue. When I conducted those hearings, I would generally allow the requester to review the CHP-180 and any relevant information, but there is no legal requirement to do so.

Where are the rules governing the hearing officer duties and my rights published?