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.?

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2 Lawyer Answers
Howard E. Kane
Howard E. Kane
PREMIUM
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.

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