San Jose, CA asked in Bankruptcy for California

Q: Can a towing company charge me over $4,000 for the time it's been there when they sold the car to someone else?

My brother parked a car that was under my name on a parking spot he wasn't supposed to. So the towing truck towed it away and are charging me a bill of almost $4,000. We never took the car out. The towing company said they sold the car, but since it was under my name while it was in there, they are sending me this bill. People have told my mom to not pay it but the towing company keeps calling me to pay it. I don't know who to listen to. What do you think?

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3 Lawyer Answers
Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: The towing company is allowed to sell a vehicle that is towed and not picked up by the owner. They sell them to cover the storage fees - which they are allowed to do. If they sue you for the fees, you need to resolve it or they can get a judgment against you. You can choose to do nothing right now, or try to offer a settlement, i.e., offer them something less than the amount of their claim. If you do nothing for now - watch out for someone trying to serve you with a lawsuit - don't ignore the lawsuit. And the amount due is going to increase as the company is likely charging interest on the balance due.

Marco Antonio Torres agrees with this answer

Peter Maurice Lively
Peter Maurice Lively
Answered
  • Bankruptcy Lawyer
  • Culver City, CA
  • Licensed in California

A: As the registered owner of the vehicle, you are responsible for the towing and storage fees less the proceeds from the vehicle sale/auction. You should consult with an experienced bankruptcy attorney regarding your overall financial circumstances and the pros and cons of settlement versus other options.

Marco Antonio Torres agrees with this answer

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: You are responsible for the towing and fees. You should have a yet go over their charges with a fine tooth comb. Usually there’s an error or improper charge included that you can use to negotiate the amount down.

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