I Really Need Answers--liability for $700 tow

[kgrace]

What is the name of your state? California

I'm going to break this down as simply as I can and hopefully not get continually passed over:

--Am I responsible for a towing executed in response to a moving violation which I didn't commit, because my car had been stolen previously?

--When notified of the recovery and storage of my car, do I have the right to not claim it, transfer it to the state or whoever is holding it, and thereby avoid paying for its storage?

--If I contest a charge and hear nothing about it for a year and a half, do they have a right to let it accrue interest over that time?

--Is there a limit to how much they can charge me for storage based on the actual value of the car?

The deal is this: the car was on its way to the junk yard when it was stolen. It was not worth fixing, it was obviously not even worth stealing because the person left it somewhere for the law to deal with. I don't want to pay for the fact that I got screwed, especially not $700!
Plus: this happened two years ago. At that time I did everything I was told to do to avoid responsibility and have heard nothing about it since. Secure in the thought that the thing had finally been destroyed, imagine my surprise when I get this incredible bill. If whatever I did before wasn't enough, shouldn't I have been notified sooner?
Any advice would be greatly appreciated!!!!

 

[CdwJava]

--Am I responsible for a towing executed in response to a moving violation which I didn't commit, because my car had been stolen previously?

I'm not sure what that means. Why was the car towed? Having been stolen previously would have nothing to do with the tow. Do you know what vehicle code authority was used to justify the tow? (i.e. WHY was the vehicle towed?)

--When notified of the recovery and storage of my car, do I have the right to not claim it, transfer it to the state or whoever is holding it, and thereby avoid paying for its storage?

After 30 days the tow company will probably move to seize the car as part of a lien sale. They will sometimes try to extort ... er, claim that you owe them the difference between the amount they received in the lien sale and the amount owed on the tow. In other words, if they sell it for $900 and the impound and storage fees were up to $1,000, they will come after you for the $100 difference. This is not common, but it can happen.

You can also talk to the tow company and see if you can work out a deal where you just sign it over to them now.

--If I contest a charge and hear nothing about it for a year and a half, do they have a right to let it accrue interest over that time?

Interest on what? the impound fees? They DO have a right to collect their fees unless a judge orders otherwise.

And contesting tow fees can be tough. If you contest it through the agency that DID the impound, and they refuse to take responsibility for an improper impound, then you might have to sue the agency and/or the tow company. But that will probably cost more than the car.

--Is there a limit to how much they can charge me for storage based on the actual value of the car?

I do not believe so. Which is one of the reasons tow companies get stuck with a lot of junker cars.

The deal is this: the car was on its way to the junk yard when it was stolen. It was not worth fixing, it was obviously not even worth stealing because the person left it somewhere for the law to deal with. I don't want to pay for the fact that I got screwed, especially not $700!

Okay ... so the car was impounded because it had been reported as 'stolen' when the police found it? That explains why it was towed. And yes, they CAN charge tow and storage fees for an impound of a stolen vehicle.

Plus: this happened two years ago. At that time I did everything I was told to do to avoid responsibility and have heard nothing about it since.

Then the car is probably sold. Or, is accruing fees unless otherwise waived by a court. I suppose you could phone the tow company and see if they still have it.

Secure in the thought that the thing had finally been destroyed, imagine my surprise when I get this incredible bill. If whatever I did before wasn't enough, shouldn't I have been notified sooner?

Well, you can refuse to pay and then go to court on the matter. Sometimes that actually works as the tow company knows they aren't going to get the money out of you. Other times, they just bill you even after they got rid of the car hoping that you will pay off at least part of it. It may just be a 'shot in the dark' for them to try and collect some of their fees.

Depending on the amount, you may consider consulting an attorney.

Carl

 

[kgrace]

After 30 days the tow company will probably move to seize the car as part of a lien sale. They will sometimes try to extort ... er, claim that you owe them the difference between the amount they received in the lien sale and the amount owed on the tow. In other words, if they sell it for $900 and the impound and storage fees were up to $1,000, they will come after you for the $100 difference. This is not common, but it can happen. You can also talk to the tow company and see if you can work out a deal where you just sign it over to them now.

That is what they are doing, apparently. The letter says the car was sold and the difference was the $700 and that I am responsible for that. When I called, the lady said the car didn't actually sell and so they didn't recover any fees with the sale. But do I really owe them anything? Because I *did* sign the car over to them almost two years ago.

Interest on what? the impound fees?

When I called, the lady said the $700 fee was growing daily. I don't know if that's because they are still storing the car for some unimaginable reason, or because it's been so long since the original towing, and so that impound fee has been accruing interest. Either way, though, it doesn't seem fair that they would seemingly drop the issue for a year and a half and meanwhile increase my fees, which I had no idea I still owed (if in fact I do.)

Then the car is probably sold. Or, is accruing fees unless otherwise waived by a court... Well, you can refuse to pay and then go to court on the matter. Sometimes that actually works as the tow company knows they aren't going to get the money out of you. Other times, they just bill you even after they got rid of the car hoping that you will pay off at least part of it. It may just be a 'shot in the dark' for them to try and collect some of their fees. Depending on the amount, you may consider consulting an attorney.

On what basis would the court waive it? Are you saying I have a case? If I can cite a specific legal reason for not paying I would rather confront the company with that first. The letter says I have 30 days to "dispute the validity of the debt or any portion thereof," though it doesn't say what would be required to dispute it. Meanwhile it also warns me I am accruing interest and threatens to hit my credit. If I "dispute the validity," will that put a hold on such actions?

Thanks.

 

[CdwJava]

Whether you have a case or not, I can't say. You would have to consult an attorney. But with the fees they have right now, I'd say they only have a case for small claims court and then they would have to go in and tell a judge why you should pay them what may be more than the value of the car that you had intended to junk in the first place.

To be safe, I would consider consulting an attorney. If they DO go to court and somehow manage to get a judgement against you, it might not be fun to be dogging a collections account for years.

I can't imagine that they would take it that far and win ... but, stranger things have happened.

Carl