Legal Question in Civil Litigation in California

A truck I own that was being used by a friend and it was impounded and he went to jail.This was sometime around the start of Aug,2010.My friend is still being held for what I don't know. The issue is this, the Police Dept nor the Towing Co. ever notified me the registered,and legal owner on record.The way I found out was on Sept.25,2010 I received a letter from a Collection Co. stating I owed this Towing Co $2225.00!! Come to find out from a friend who drives a tow truck that this type of letter only comes after they have disposed of a vehicle! The truck was a beater truck that was worth $200.00 Should I have been notified before this date that my vehicle was impounded? let alone that it has been disposed of? What are my legal rights here, can't I sue them for what they are seeking from me since they acted in bad faith by neglecting to contact me before they destroyed my vehicle?


Asked on 9/27/10, 4:59 pm

1 Answer from Attorneys
Steven Simons Law Office of Steven A. Simons

The lien sale laws in California are very specific. If the notice of lien was sent to the address of record then they have complied with the law. Given the value of the truck it is likely that the tow company used the short form lien sale which is quicker and prone to error.

Ask for proof of the debt and validation. Unforunetly the law does not consider impound tows to be "consumer debts" but there are defenses to debt if you work your case properly.

I suggest consulting an attorney to see whatyour rights are.

Good luck,

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Answered on 10/03/10, 6:17 pm


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