A car is left at an apartment complex over 2 years ago when the tenants move. Acouple of months later the car is towed. the towing company sometime later sells the car in an auction. Now two years later the towing company wants storage and towing fees.
The registered owners never received any notice of any sort, never renewed registration, and never tried to recover vehicle.
What action can/will the wrecker service take?
Are there any possible legal ramifications?
Is there a period of time the wrecker service has to wait before the car is considered officially abandoned and can be auctioned?...
2007-08-10 05:21:08 · 8 answers · asked by dohcraw 2 in Cars & Transportation ➔ Insurance & Registration
The wrecker service would have first had to have permission from the property owner to tow the vehicle from private property...second, the wrecker service would have to send notice to the registered owners last known address stating that the vehicle had been seized and has outstanding fees due for recovery...third, if the registered owner fails to respond with the mandated time frame (likely since you said they had moved and the vehicle was currently unregistered), the wrecker service is allowed to auction, keep, part-out, or do whatever they like with the vehicle to recover any fees owed...after the vehicle is sold (as you said it already had been) the wrecker service has no other legal recourse to attempt to recover further fees of any sort since the fee's are internal and considered satisfied upon sale of the property..!!
p.s. the original owners may have some legal relief from the property owner and towing company if either were in violation of state law concerning the initial towing of the vehicle from private property...at the time it may have been in the best interest of both parties (property owner/towing company) to arrange a mutually benificial exchange...catch my drift..?!!
2007-08-16 12:22:27 · answer #1 · answered by J.I.M.M.Y 2 · 0⤊ 0⤋
What action can/will the wrecker service take?
They are out the money for towing and storing the vehicle, plus the expenses of notifying (or attempting to notify) any registered and legal owners of the vehicle. They have a right be be compensated for their work, and if the vehicle sold for less that the bill against it, a balance is due. They can attempt to collect that balance from anyone who had any interest in the vehicle.
Are there any possible legal ramifications?
The matter can be taken to court, or turned over to a collection agency, or written off at the pleasure of the towing company.
Is there a period of time the wrecker service has to wait before the car is considered officially abandoned and can be auctioned?...
It is considered abandoned as soon as the owner of the apartment complex asks it to be towed. As to the time of storage before it can be sold, that depends on the law in the state where the vehicle was recovered. 30 days seems to be pretty standard, and that is the law in Oklahoma, notify at the official address on the state record after 30 days by certified mail, the sale can happen 10 days after the mailing.
2007-08-10 12:44:45 · answer #2 · answered by oklatom 7 · 0⤊ 0⤋
It sounds like the person who last had a title on the vehicle will be responsible for all charges. That is why it is ALWAYS a good idea to keep a copy of the front and back of a title when you sell it. That way you have proof that you no longer owned it if the new owner decides not to title and register it in their name. Even if you give a car to charity you have to do this or you could end up paying for a car you thought you got rid of. As far as I know there is no official time involved here.
2007-08-10 12:37:15 · answer #3 · answered by lildee 1 · 0⤊ 0⤋
If you ordered the tow, you owe the towing charges.
It's the cost of doing business.
If you wanted to reduce your cost of business on this one, you should have made smarter decisions.
You could have attempted to contact the registered owner at the last address of record, and had you not heard back from them, obtained a lien on the car, and then sold it for whatever you could get for it.
Or you could have called wrecking yards until you found one that would pay you something, or towed it away for free.
.
2007-08-10 13:18:10 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Bottom line if you bought the car from wreckers storeage and fees not yours. If you were the original owners and it kind of sounds this way it is your responsibility. What they can recover I do not know. They have to go to court and put you in collections. This will stay on your credit report for 7 years.
2007-08-10 12:40:56 · answer #5 · answered by debbie f 5 · 0⤊ 0⤋
It very state by state but in arizona after a tag is issued 48 hours later it is consider abanded and it can be sold too the highest bidder. I myselg have a conract on my lot too tow cars that are not premitted and no tag is put on theme unless abonded.
2007-08-12 00:56:19 · answer #6 · answered by Really Nome 2 · 0⤊ 0⤋
I think the towing company is out of luck, mainly due to the amount of time passed. Could end up in court though. Stranger things have happened.
2007-08-10 12:30:03 · answer #7 · answered by sensible_man 7 · 0⤊ 0⤋
Notify them you are not the owner
There is nothing proving to them that you are the owner - you are not responsible for any bill for a car you don't legally have registered and/or titled in your name
2007-08-10 12:39:38 · answer #8 · answered by cgriffin1972 6 · 0⤊ 0⤋