Towing advice

[Lila]

Jurisdiction

California

My vehicle got towed off public street for expired tags. There was no notice or chalk lines on my car before it was towed. Once at tow yard: Went to dmv paid the registration. Couldn't get the car out because needed smog. Had to get 1 day moving permit. The cost to get the car out was too expensive by the time all this happened. So result auctioned the car off and bill sent to lien company. Are the fees legal they are charging? Was the tow legal without notice? Do I have any recourse on the amount due? Heres the break down $100 a day storage, charging 45 days of storage and $825 deduct for auction price. It was a small 91 Corolla. Plus lien is out of state I was told that's not legal in CA?? Santa Clara county thank you also I wrote the lien company a letter arguing the fees within the time frame certified mail. No response.
I would like to settle but I think

 

[adjusterjack]

Are the fees legal they are charging?

Google California towing laws, but I'll bet you will find that they are legal.

Was the tow legal without notice?

Yes.

Your notice was the statutory requirement that your car be registered.

VC22651(j) If a vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of his or her identity and an address within this state where he or she can be located.

California Code, Vehicle Code - VEH § 22651 | FindLaw

Do I have any recourse on the amount due?

Not likely.

Plus lien is out of state I was told that's not legal in CA??

Told by who? I don't know about that, but I am sure that the lender will provide you with documentation of the legality of the loan if you ask.

 

[army judge]

Heres the break down $100 a day storage, charging 45 days of storage and $825 deduct for auction price.

According to Edmonds, a 1991 Toyota Corolla has very little resale value.

You probably liked your vehicle, and are saddened to see it gone.

Very often the things we love, cherish, and possess have value only to the owner/possessor.

Sad, but oh so true.

I hope you can resolve this dilemma.

Here's a thought.

Have you considered opening a Go Fund Me account?

The kindness of strangers can often astound you.

How GoFundMe Works

Plus lien is out of state I was told that's not legal in CA??

Here's your answer, buried in the law.

You can seek it.

2009 California Civil Code - Section 3067-3074 :: :: Chapter 6.5. :: Liens On Vehicles
...

 

[adjusterjack]

Here's the 2022 version of the lien statute:

California Liens on Vehicles Laws - 2022 California Civil Code, TITLE 14, PART 4, DIVISION 3, CHAPTER 6.5 - Liens on Vehicles :: 2022 California Code :: US Codes and Statutes :: US Law :: Justia

Same as the 2009 wording. Addresses towing and mechanic's liens.

Says nothing about where the lienholder has to be located.

I thought OP was referring to a loan balance. If so, the lienholder's rights would be addressed by the loan contract.

 

[army judge]

If so, the lienholder's rights would be addressed by the loan contract.

Correct you are, sir.

The loan agreement addresses the rights, responsibilities, and obligations of BOTH parties.

Bottom line, the state of California is not a party to the loan.

The debtor is a party, obligated to the terms of the debt, even if the vehicle was confiscated and sold.

 

[Lila]

According to Edmonds, a 1991 Toyota Corolla has very little resale value.

You probably liked your vehicle, and are saddened to see it gone.

Very often the things we love, cherish, and possess have value only to the owner/possessor.

Sad, but oh so true.

I hope you can resolve this dilemma.

Here's a thought.

Have you considered opening a Go Fund Me account?

The kindness of strangers can often astound you.

How GoFundMe Works

View attachment 4212





Here's your answer, buried in the law.

You can seek it.

2009 California Civil Code - Section 3067-3074 :: :: Chapter 6.5. :: Liens On Vehicles
...

The vehicle was not special to me. It needed minor repairs then sell it. My question would be can they charge for 45 days? After 30 days I wasn't able to get the car. The rate of $100 a day is exorbitant. I was not given any notice they were going to tow the car either…

 

[justblue]

The vehicle was not special to me. It needed minor repairs then sell it. My question would be can they charge for 45 days? After 30 days I wasn't able to get the car. The rate of $100 a day is exorbitant. I was not given any notice they were going to tow the car either…

Yes, they can. You are required to have current plates/registration for your vehicle when it is parked on public streets. This is "driving 101".

 

[adjusterjack]

My question would be can they charge for 45 days?

They can and they did.

After 30 days I wasn't able to get the car.

Well, you left it there. You could have gotten the one day move permit right after the tow, paid the towing fee, and had the car towed to a repair shop to be smogged.

You didn't and it cost you. That's on you. Don't blame the towing company.

The rate of $100 a day is exorbitant.

When I had my rentals 30 years ago I charged $20 a day late charge on a $600 rent. Exhorbitant? Hell, yes. But it sure deterred tenants from paying late.

I was not given any notice they were going to tow the car either…

The statute doesn't require notice or signage, so nobody did anything wrong to you.

 

[Zigner]

Your loan contract probably has wording against you allowing the vehicle to have any lien placed against it. I suspect there's an acceleration clause built in as well...