is it possible to steal my own car ???

Question

i was stopped by the law in my car and they arrested me for something i did 5 years ago and was taken into police station
because i was in my car they called out a commercial recovery company to come get my car and now it is in this companys yard and they want £360 pound and then i can have my car back!!
if i go into the yard and just get in my car and drive off without paying the money is it a criminal offence as it is my car so how can it be theft if its my property?
i would pay it but as i have had no car i havnt been able to work so im broke!

would like an answer from someone who knows the law and can tell me without a doubt if it would be actual theft or not
or if all they can do is take me to court for the money i owe them

the car was mine it is owned fully by me i bought it outright there are no loans or finance on it

i was pulled over an arrest for assault the arrest was nothing to do with the car at all the reason they towed it is because they had to arrest me for the assault and could not leave my car where it was

Answer 1

No, you cannot steal something which you have title/ownership to.

Answer 2

I am a police detective. The advice usc_cop gave you is correct. However if as you say, there are no liens on the car and you yourself own it outright, then no, you would not be charged with stealing your own car.

However, you stated the car is on their lot and if you just walked on and drove the car off you definitely could be charged with criminal trespassing. The tow company along with the criminal charge could and I imagine would file a civil complaint against you for the tow and storage charges and they would win.

While I understand you don't have the money, what you are considering doing will definitely put you in more legal trouble, criminal and civil. Borrow the money, pay the fee and get on with your life. Don't add more troubles to it.

P.S. A mechanics lien has to be filed with the county or city clerks office and is not automatic. A tow company can only file a mechanics lien in most jurisdictions only after the vehicle has been in their possession for a long period of time, usually thirty days or more. "Theft of services" usually only applies to a service of "value." For example you are using water or electric services without the knowledge and permission of the providers. That would be theft of services. In over 20 years of law enforcement as a detective and commander I never saw someone not paying a tow company charged with theft of services. Not paying a tow company is not theft of services but is certainly something you could be charged with civil litigation.

Answer 3

If you try to take your car without paying towing fees and storage fees for the impounded vehicle, you would be guilty of "Theft of Services" and for trespassing on someone else's property.

Here are some options you can try:

Find someone who is willing to pay for you to get your car back and make payments to them.

Try to pay on a credit card or get a personal loan.

If payments are not made, your car would be sold in an auction. Then you could buy another car when you save up money .

Depending on what the courts say, you may be able to make payments to pay off the fine, fees as well as the court fees as you can.

Answer 4

I am a police officer, and may be able to give you a few different details. Recovery companies are usually called out when someone does not pay their car payment. If you defaulted on the loan, then the car is no longer yours.

If you go to the yard to get your car (A) You are possibly trespassing. and (B) since the car belongs to the one you took the loan out through, you would be stealing "their" car, plus robbing the yard of money they are due as well.

Answer 5

Here in the States, there is something on the books called a "mechanics Lien" where they have the right to hold your property (vehicle) to insure payment. By stealing your vehicle back that would be considered a "Theft of Services" since they are actually charging you for the towing of your vehicle and probably daily storage fee's. The Police most likely would charge you criminally for that offense and unlawful trespass. The tow service can sue you in civil court for the non-paid fees + court expenses. Basically, you would be creating more problems than you already have.

Answer 6

The answer is ... "NO!" You can not steal your own car because your car is being held based upon the circumstances of your arrest. Now you owe money to the towing agency for which keeps your vehicle in lieu of payment for services rendered.

Answer 7

Yes - even though you own your car you can be charged with theft if you go and take it from the lot. Your situation is similar to someone who has had their car temporarily repossessed -- in which case charges CAN be filed if you "steal" it

Answer 8

yes it is possible to steal your car,i have done it. in your case though it would be illegal.

Answer 9

Well "YEAH"!!!