Lakebay, WA asked in Consumer Law and Probate for California

Q: My deceased sister's car was towed and held in the tow company's lot. They're demanding $10K in storage fee's, in Ca.

Her boyfriend used the car after her death but had it towed claiming it was abandond in his driveway 6 months later when he found out her sister (heir) had been found. Isn't there a limit to storage fee's in Ca.?

Related Topics:
2 Lawyer Answers
Howard E. Kane
PREMIUM
Howard E. Kane
Answered
  • Probate Lawyer
  • Oakland, CA
  • Licensed in California

A: Section 10652.5 of the Vehicle Code caps the storage fees that can be charged to 15 days IF the towing company provides proper notice to the owner by certified mail, return receipt requested. The question then becomes whether or not the towing company provided proper notice which may allow them to charge beyond the 15 days.

Scott Richard Kaufman agrees with this answer

Scott Richard Kaufman
Scott Richard Kaufman
Answered
  • Consumer Law Lawyer
  • Los Altos, CA
  • Licensed in California

A: So, great response by Attorney Kane. AND I'd ask him if I could (no space for it apparently) whether the debt ceases to exist or be collectible, upon the passing of the owner? Also, I'm confident that the tow yard can sell the vehicle at auction, with proper notice, and then collect some or all arrears there.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.