Legal Question in Traffic Law in Virginia

Tow company ability to seize car

The owner of a car requested to have his car towed but due to a number of complications, partially due to the fault of the tow truck company, has not paid the tow fee.

The car is currently in the owner's possession. The tow occurred in July and the owner has not signed or received any paperwork from the tow company.

The county in question is Prince William County.

Questions:

A) Can a tow truck company seize a car and hold it that was towed last month in order to collect the tow fee ($45) which has not been paid? ie: Is there a lien on the car until the fee is paid? If the car is released to the owner, is the lien considered waived or somehow forfeited?

B) Can they enter onto private property and take the car?

C) Can it be towed if it is on public property ie: a shopping center parking lot?

D) Can they charge the owner for additional tow and storage charges in connection with seizing the car?

Thank you


Asked on 8/11/03, 12:48 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Tow company ability to seize car

Answers: A. Yes, if the vehicle was improperly removed from the tow company's possession. The lien would be a mechanics lien but it must be filed and perfected to have effect (rarely done for this kind of a case); B. It's unlikely that the tow company would be allowed to enter legally private property to seize the vehicle when less intrusive means are available to collect the $45; C. Again, if the vehicle was improperly removed from the company's possession, they could certainly retake possession of it at a shopping center and then remove it to their business premises; D. The tow company would be allowed to increase their

charge up to the limit allowed for by local Prince William Co. ordinance governing towing charges, probably, in the neighborhood of $100.

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Answered on 8/11/03, 4:17 pm


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