Legal Question in Real Estate Law in California
Hello and and thank you for your time.
A tow truck company has towed a vehicle and has possession of the vehicle in their lot. The lots gate is open so the owner of the vehicle simply drives the vehicle off the lot. No one sees this happen. What would the consequences of this be? Thanks and this isn't a homework assignment.
1 Answer from Attorneys
Probably depends upon the reason for the tow........was it a repossession or simply because the vehicle was trespassing, i.e., illegally parked? Taking back a repossessed vehicle in this manner is probably a felony (theft) since the repossessing lender is lawfully entitled to possession. Taking a vehicle towed for illegal parking is probably a misdemeanor based on the tow operator having a lien for towing charges. In any case, the real-world consequences will be undesirable, and could include arrest of the person found driving the car and re-impoundment along with a criminal prosecution of some kind.
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