"Abandoned" car taken while on business.

[w.daviis]

I was living at an apartment complex in Lynnwood WA. The complex was gated, and pretty low on parking. Each apartment was allowed one car per person living there. My girlfriend and I both had 1 car, until I had to move my project car from where it was being stored. The deal I made with the complex was that they would allow me to park it on grounds as long as it was currently registered, which it was, and moved every 3 days. I complied and did what they asked. Until they for what ever reason decided no more. At this point I was willing to rent a parking spot every month but they had none available. I was told to park it right outside the back gate on the street and it would be "fine" there until our lease is up and we move. Which was a matter of months. All was fine until I left for a business trip for 3 days. When I returned my car was gone. I then received a letter in the mail that it had been declared abandon and was impounded. I called the towing company and was told if a car is not moved within 12 hours of being marked, it was considered abandoned. And that my total was around 1200 dollars which I could not afford. The company representative told me that it would be auctioned and that would be the end of it. My father is a lien holder on the title, and several weeks after I talked to the towing company he got a call from a collection agency saying there is 2000 dollars owed from the impounding of my car. I have been trying to figure out who to talk to about this but every lawyer I contact doesn't deal with this kind of situation. Also, I lost my job and had to focus on finding employment and getting back on my feet over finding a lawyer. So it has been around a year and a half since this happened. I have been paying 50 dollars a month to keep the collection agency happy but I really feel it is in no way fair for them to take my car then charge me 2000 dollars for it. I dunno if there is anything I can do about it now, or if there ever was anything I could have done. Is there any way to at least get the rest of the collection dropped? Ideally I would like to be compensated for my car being, what I consider stolen. Any ideas or help would be very appreciated.

 

[justalayman]

I was told to park it right outside the back gate on the street and it would be "fine" there until our lease is up and we move.

is right outside the back gate a public roadway? If so, the apartment folks have no control over what happens there.
'

 

[davew128]

I'd have told the collection agency to kiss my posterior. I'd have also researched what applicable law there was for an abandoned vehicle in that town but on its face, 12 hours from a sticker and then considered abandoned is pretty shady to me.

 

[justalayman]

I'd have told the collection agency to kiss my posterior. I'd have also researched what applicable law there was for an abandoned vehicle in that town but on its face, 12 hours from a sticker and then considered abandoned is pretty shady to me.

depends. I can take you a few places that exceeding 3 hours will get you towed.

 

[davew128]

depends. I can take you a few places that exceeding 3 hours will get you towed.

If in a no parking zone I would agree. For abandonment? I used to live near Foxboro, MA. Those familiar with the town will know its mostly notable for one thing and that one thing leads to paid parking of upwards to a $100 anywhere near it on game day. Naturally adventurous people and ones not tailgating and willing to walk a mile (or 2 or 3) can park on certain public roads and get to that destination and since the average length of the game is more than 3 hours now, not counting walking time, calling the vehicle abandoned would be ridiculous.

 

[justalayman]

I was simply making a point that I know of places that allow towing after 3 hours since you seemed to think towing after 12 hours was a such an implausible idea. and you need to turn the first letter in MA over. OP is in WA.


don't get caught up on the terminology referring to abandoned though. It simply means they left the vehicle there longer than allowed. It can be considered abandoned after 5 minutes if the time limit is 5 minutes and the car remains there after that. Abandoned does not infer any particular period of time but an action based on permission to act or fail to act actually, within some period of time.

 

[davew128]

don't get caught up on the terminology referring to abandoned though. It simply means they left the vehicle there longer than allowed. It can be considered abandoned after 5 minutes if the time limit is 5 minutes and the car remains there after that. Abandoned does not infer any particular period of time but an action based on permission to act or fail to act actually, within some period of time.

Which is why I suggested the OP research the applicable local law on abandonment and not just take the tow company's word for it that 3 hours is acceptable.

 

[w.daviis]

From the research that I have done, abandoned is defined as the intent to relinquish responsibility of ones property. And knowing that, having my car current on all tabs and emissions shows that I had absolutely no intent to abandon my vehicle. But Lynnwood does have some stupid laws. And I have been trying to find the specific law that states the time limit. But the definition is the closest I can find.

Does anyone have any idea on how to receive free legal consult on the matter? I'm basically trying to figure out if it's worth pursuing and/or hiring a lawyer.

 

[HighwayMan]

Go through the yellow pages and look for attorneys who provide free consultations.

Or call your local bar association for information. If they don't know who specifically provides free consultations then you'll have to take their information and start calling the attorneys to find out.

 

[HighwayMan]

From the research that I have done, abandoned is defined as the intent to relinquish responsibility of ones property.

Where did you find that? It is likely you'll find the definition in your state's motor vehicle statutes, but it could be elsewhere.