City towed and sold car at auction within 2 weeks....

[Ajgraf]

What is the name of your state (only U.S. law)? California, I was pulled over by a city of san diego police officer. I had a warrant and was arrested, the car was towed and I was told that I would be able to pick it up after I got out. When I got out my car was sold at auction. I feel my ex wife who owned the car may have a case against the city for failure to give notice. Anybody can direct me on this??

AJG

I did not own it she did.

 

[Zigner]

What is the name of your state (only U.S. law)? California, I was pulled over by a city of san diego police officer. I had a warrant and was arrested, the car was towed and I was told that I would be able to pick it up after I got out. When I got out my car was sold at auction. i feel I have a case and my ex wife who owned the car have a case against the city for failure to give notice. Anybody can direct me on this??

AJG

If your ex owned the car, then you have no case. She may have a case...

 

[CdwJava]

The registered owner would have been mailed the proper notices and the lien paperwork. If not claimed within 30 days, they had a right to proceed on the car. It is not their fault if the owner of the car had a bad address on the registration as she would have been legally required to update this information to the DMV. Her failure to update this info is HER problem and not the city's.

If, for some reason, the tow company that seized the car and sold it failed to provide proper notice, then she would have a case. However, I strongly suspect that they have their ducks in a row and have the receipts necessary to prove they mailed out notice to anyone with a property interest in the vehicle (registered owners, legal owners, and lienholders).

If the vehicle was sold within 2 weeks, then I suspect that the wife signed it over to the tow company rather than pay the tow and impound fees.

 

[Ajgraf]

Car that was sold by auction.

My ex, Went down to the tow yard, and they told her that they were surprised that they did not give notice, the state and city have her address, The officer processing the tow, said that the arresting officer had in writing a 30 impound, but on the computer it was a forfeiture. The processing officer just made it a forfeiture because she claimed that she could. What kind of attorney do we speak to?? My ex and I are good friends.

AJG

 

[Zigner]

My ex, Went down to the tow yard, and they told her that they were surprised that they did not give notice, the state and city have her address, The officer processing the tow, said that the arresting officer had in writing a 30 impound, but on the computer it was a forfeiture. The processing officer just made it a forfeiture because she claimed that she could. What kind of attorney do we speak to?? My ex and I are good friends.

AJG

How much was the car worth?

Again, YOU have no claim on this.

 

[CdwJava]

My ex, Went down to the tow yard, and they told her that they were surprised that they did not give notice, the state and city have her address, The officer processing the tow, said that the arresting officer had in writing a 30 impound, but on the computer it was a forfeiture. The processing officer just made it a forfeiture because she claimed that she could. What kind of attorney do we speak to?? My ex and I are good friends.

AJG

If the tow yard screwed up, then your ex may well have a case to recover the fair market value of the vehicle ... perhaps minus the expense of a 30 day impound (which in San Diego County could be in the area of $3,000).

On the other hand, if the vehicle had previously been impounded for operation by an unlicensed driver, and she had it released early, chances are she signed a document that DID release interest in the vehicle to the agency upon a subsequent impound for 22651(p) (unlicensed driver). I frequently require registered owners to sign these documents if I opt to release a 30 day impound early (which is rare, and only under very limited circumstances).