I would like to find out, if a person's car is towed by a professional towing company, and then this person goes to the towing place to get her car back and notices the car is not actually locked up within the towing company's fence but is sitting in an ally and the owner of the car in broad daylight, using her own key drives her car away. Is this breaking the law? Could the car owner be charged for stealing, even though it is technically her personal property? Or does the towing company take ownership of the car once they take possession of it?
2007-03-09 14:16:16 · 16 answers · asked by geil03 1 in Politics & Government ➔ Law Enforcement & Police
My car was towed from another person's supposedly rented spot. (Although, I checked and the spot wasn't rented by anyone, the landlord just happened to notice I was parked there and called the towing company himself.) The towing company has a contract with the landlord.
2007-03-09 14:25:36 · update #1
The towing company left a note on my windshield when my car was parked in MY rented spot (the towing company is in bed with my landlord) and they threatened to contact the police tomorrow if I don't pay. What grounds do they have to legally go to the police? It was a private lot I was towed from, not a city lot, if that matters.
2007-03-09 14:28:45 · update #2
Yes that is illegal.
2007-03-09 14:19:45 · answer #1 · answered by ♥ Cassie ♥ 5 · 0⤊ 0⤋
If it is sitting on the street, take it, it is legally yours. The worst they can do is bill you. Just make sure you park it somewhere they cannot grab it back from. Most towing companies are very unethical in their practices, and may just come tow it away again if they can.
The only reason this might not be true if it was a tow ordered by a State or federal agency.
Take it, hide it for a while. You cannot steal your own property unless impounded by a duly authorized State or Federal agency.
If you are married, or have family, you can also sell it quickly for $5 to someone else you trust and change the registration to their name. This guarantees they cannot get the vehicle back.
2007-03-09 14:24:37 · answer #2 · answered by Akuji 2 · 0⤊ 0⤋
In the state of Florida, once your car is lawfully towed, it becomes the possession of the tow company until you fulfill the requirements to retrieve it from them. If you go there, regardless of where they parked it, and removed it you are definitely in violation of the law. In Florida you could actually be charged with a theft of your own car. Other states will vary. If your friend did this...I would have her go to the tow company and explain that she mad a mistake and just pay the fine. I am sure they will work it out with her without involving the authorities. GOOD LUCK
2007-03-09 17:33:56 · answer #3 · answered by flafuncop 2 · 0⤊ 0⤋
They don't take ownership, but they do have legal possession, assuming that they were hired to tow it by someone with the authority to do so. Was it repossessed? Was it towed because it was illegally parked? Was it evidence in a crime of some sort? If so, taking it back would probably be illegal. And since they would surely know the license #, they can track that to your address, and find you.
And arrest you.
2007-03-09 14:27:47 · answer #4 · answered by Ralfcoder 7 · 1⤊ 0⤋
the type of situation you describe is known
as a private impound.
the local sheriff has already been notified by
the impounding agency.
within 72 hours you must receive a notice of
lien against you and all previous owners of the vehicle.
in order to legally take possesion of the
vehicle you must contact your local chp,p.d.,
or sheriff's office and request a release of vehicle form which will let you pay tow, storage, and and lien filing fee's to the company in question.
my better judgement would prompt me to
immediately take picture's of the alley and
the location where it was impounded from.
then take these to the law enforcement agency and request a release form. after which i would contact the contracting officer
and complain that my vehicle was not stored
within local guideline's which relate to tow services who contract with local law agency's.
good luck!
2007-03-09 16:14:11 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You cannot take it, but if it is as you say then pay the fee and go the legal way by taking them to small claims court. The wrecker operator can do a lot of things like place a lien on your vehicle, re-impound it or even boot it. If you are correct then it will all work out but it has to be done right. You cannot take the law into your own hands.
2007-03-09 19:33:01 · answer #6 · answered by dude0795 4 · 1⤊ 0⤋
This is actually a very difficult question. Every state has different laws and this would definately come down to state law.
I only know Arizona law. There you would not be arrested. If I got called out for this one I would tell the tow truck company that they would have to take you to civil court for their fees.
2007-03-09 16:12:22 · answer #7 · answered by Pooky Bear the Sensitive 5 · 0⤊ 0⤋
Once the towing company has taken your car away, regardless of where they put in, it is now in their custody, and you must pay to get it back. So yeah, taking it would be illegal.
2007-03-09 14:25:52 · answer #8 · answered by Anonymous · 0⤊ 0⤋
If she was illegally parked when she was towed I think she must pay the ticket at least.
2007-03-09 14:20:53 · answer #9 · answered by Anonymous · 0⤊ 0⤋
You will not be charged with stealing; however, the fees that would have been charged for the release of your vehicle will still be owed. If you fail to pay these fees, your vehicle can be taken again, until the fees are paid.
2007-03-09 14:21:50 · answer #10 · answered by Jerry H 2 · 0⤊ 0⤋
steal their tow truck and tow the owners car to the local dump
2007-03-09 14:23:14 · answer #11 · answered by Anonymous · 1⤊ 0⤋