Legal Question in Credit and Debt Law in California

Truck Towed

We gave our son our 1986 Nissan Truck. In Nov. 2008 it was towed from his legal parking spot at his apartment complex, for non current registration. Our son nor we could not afford the $3000 + tow and storage bill. So we had to give it up. Now they are extorting $1000. + for the money they feel they lost out on when they sold it! Please help us.. We lost a large amount of money last year to a dodgy home modification company after our contract guanteed all money back if they could not get results. they did not refund any of our funds... We hate to feel we are going to be victumized again..Thank you...


Asked on 3/22/09, 3:29 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Truck Towed

With respect to the truck, the towing company did what they are allowed by law to do. The owner or management of the apartment complex has the right, assuming that the property is properly posted and you signed rules stating that all vehicles parked on site must be currently registered, to tow the truck. The towing company has the right to be paid for the work it did in towing and storing the truck. Is it excessive? Possibly, but there is not a lot of regulation on what they can charge you. Is it possible that there is still a $1,000 deficiency after they sold the truck - very likely so. A 1986 Nissan truck, depending upon condition, isn't worth a lot of money at a wholesale auction. The towing company is not required by law to hold-out for the highest price possible - they have the right to sell it at just that - wholesale auction prices - which are well below its fair market value. Its very likely that the truck was sold for less-than what you owed them. I would suggest working out a deal with the towing company to repay them something - shoot for a smaller amount, with payments over time. Otherwise, threaten them with bankruptcy if you can't reach a suitable deal.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/23/09, 1:55 pm


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