Legal Question in Business Law in California
financial responsibility of a lending institution after a veihcle lien sale
Are financial institutions (legal owner)responsible for impound and towing fees after the lien sale ? We take the registered owner to collections, and want to take the legal owner also, but need to be able to point to proof that we can do so legally.
1 Answer from Attorneys
Re: financial responsibility of a lending institution after a veihcle lien sale
After doing a fair amount of research on Westlaw, I think the answer depends upon the wording of the specific Vehicle Code section authorizing the impoundment in the first place.
Typically, it seems as though the legal owner is not liable for towing and storage charges, on the theory that it is not entitled to possession of the vehicle. An exception seems to arise when the vehicle was subject to a repossession action at the time of the impoundment, since the legal owner under such circumstances presumably has the right of possession and therefore can be liable to third parties.
Please note that this is a kind of offhand opinion and I haven't located nor do not know the full answer as to all situations.
Related Questions & Answers
-
Credit card company not playing by the rules My credit card company may attempt to... Asked 11/19/04, 5:58 pm in United States California Business Law
-
My options My partner and I are opening an additional business. We are changing from... Asked 11/17/04, 10:12 am in United States California Business Law
-
Employee to employer loan - Statute of limitations? As VP of Corporation, I loaned... Asked 11/17/04, 1:11 am in United States California Business Law