Legal Question in Civil Litigation in Kansas

Hi, I'll try to make this as short, thorough and clear as possible.

In 2009 I bought a car cash ($5,500) in California. I had just enough money left over to pay the sale's tax and register the car in my name, but the day I bought the car, the clutch went out. This cost me $680 and left me broke.

A series of unfortunate events led up to me throwing all my possessions in my car and heading to Lawrence, Kansas. I started working for a tobacco company stocking cigarettes at gas stations to save up some cash to register my car. I was pulled over and issued a speeding ticket along with a ticket for registration. I had to quit my job because I was no longer able to drive my car. I started storing my car in my sister's garage, where I was staying. Then, my sister kicked me out.

After being homeless for many months, traveling the country and trying to get set up somewhere, I found myself back in Lawrence, Kansas. My sister asked me to move my car out of her garage so that she could use it for her car during the Winter.

I was planning on relocating to Boulder, CO. soon, so I approached my "friend" and asked if I could store it on his property. He told me to park it in front of his house, leave him the keys, and promised he'd move it onto his property the next day. I called him a few days later and asked if he had moved it; he assured me he'd move it the following day.

At this point I get a message from my friend, Samir, stating that my "friend", Luke, is telling everyone he's going to sell my car for "all the money" I "owe everyone in Lawrence", which is strange, because Luke actually owes me money. I try calling Luke multiple times. He doesn't answer.

I ask my friend, Jennifer, to confront him about it and get back to me. She calls me back and tells me he said he was just joking.

A few weeks go by and I still haven't been able to reach Luke. I'm currently living in Boulder, CO., I've recently obtained employment and a place to stay and managed to pay off my traffic tickets. I'm one paycheck away from being able to register and pick up my car when I get an e-mail from the previous owner stating that he received an e-mail from the Lawrence, Kansas courts. As it turns out, my car was towed days ago and Luke has made no efforts to notify me or any of the multiple people we know.

The letter sent to the previous owner state that I can contest the towing of my vehicle.

My questions are:

A) My car had expired tags and may have had a flat tire, but was parked in front of my "friend"s house. Is this grounds enough to tow someone's vehicle?

B) What recourse, if any, do I have against the person who I left the car with. He agreed to move the car onto his property (I have wittinesses) and failed to do so. Also, he ignored my calls and made no attempt to contact me after my car was towed.

C) Will I be able to get my car out of tow without actually going back to Kansas and presenting my ID? Is there any way I can claim unfair charges by the tow company?

D) How do you suggest I go about resolving this?


Asked on 12/15/10, 1:56 am

1 Answer from Attorneys
Anthony Smith LawSmith

You left yourself in a precarious legal position. Officers routinely tow abandoned vehicles. Vehicles that sit on a public road with expired tags are considered abandoned in most jurisdictions. Appratnley yrou friend lied to you, or later moved the car back out onto the road after he said he moved it onto his property. It doe snot appear that you gave your frien danyting of value to hold the car for you, so you may not be able to hold him civily liable for yrou laoss, for not securing the vehicle for you, or for not telling you it had been towed.

If you have the California title signed over to you, you may be able to retrieve the vehicle from the tow lot. You might be ble to give someon po\wer of attorney to do this on yrou behalf. But, if the tow company refuses to release the vehicle, you may have to hire an attonrey to fiel an action to quiet teh title to the vehicle. You did not supply any information to determine if you can contest the tow or storage charges.

You shoudl contact teh tow lot and see what they are charging to release it. Explain that you have the title, but have nto yet registered it. Ask if you can sned a peron to act as yoru attorney-in-fact (with a written power of attorney in their poseesion) to retrieve the vehicle. If they balk, then you will probalby need to hire legal counsel in or near Douglas County.

Good luck

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Answered on 12/20/10, 8:33 am


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