Legal Question in Business Law in California

Re: Unjust Business when dealing with a local auto yard

I recommend you review all of this personally with an attorney. Need more info

Re: Unjust Business when dealing with a local auto yard

You could try to get a free initial consultation with an attorney. Not every attorney is going to be able to answer all your questions without some research, however.

You don't say exactly how the impound occurred, but if it was arranged by the police at the time of your arrest, the officers should have made an inventory of the contents of the vehicle being impounded. Get a copy of the police report and the inventory.

Your billing dispute with the impound yard may require threat of, or actually filing, a suit in small-claims court.

In most cases, impound yards used by the police are under contract with the city or some other governmental unit. Somebody should be able to tell you what the contract says about permissible charges.

Who defended you in the DUI proceedings? You probably had a public defender. I wouldn't overlook the possibility that someone in the public defender's office would give you some very helpful (and free) advice.

Re: Unjust Business when dealing with a local auto yard

In my experience your situation is not an uncommon one. Many times towing yards attempt to extort ridiculous fees from owners.

First, you should know that in order for the yard to "keep" your truck, they will need to apply to the Department of Motor Vehicles to conduct a "lien sale." You must be given notice of this sale, and you have the right to respond to the DMV before the sale. If you receive any notices from the DMV or the tow yard, you should immeidately review that notice and respond in writing as directed on the notice. As Mr. Whipple suggested, you should probably also contact whatever police department was involved in your arrest to determine whether the tow yard is under contract with that department. You should also contact whatever attorney you had handle your DUI case to see if they might offer some assistance.

Finally, if all else fails, you will need to file a lawsuit against the tow yard seeking return of your truck. I suspect that this is going to be necessary given the facts you provided in your question. You can either file in small claims court, or hire an attorney to file this lawsuit. If you can't resolve this matter through the police, or your former attorney, I would suggest that you immediately arrange for a consultation with an attorney in your area. The deadlines imposed during the lien sale process are short, and your failure to properly respond may very well result in the loss of your truck.