New York, NY asked in Consumer Law for North Carolina

Q: Can a towing company legally hold my vehicle after payment is made, telling me they are appt only & can't get for 24 hrs

I paid the past due on my vehicle last wednesday, they refused to release my vehicle until today stating they had to make sure the payment wouldn't reverse. I was reassured by multiple people that I could get it back today only to get the release sent and now the towing company says oh our first available appointment is tomorrow at 11am, you can't come today. They've had the money for almost 6 days and I'm still without my car. Can the towing company hold my vehicle like this? They are also over an hour away from my home and the company that contracted them out to literally drag my vehicle out of my driveway with the parking break on, from behind (my car is FWD) knew they were appointment only and did not inform me of that during any of my multiple phone calls to them.

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1 Lawyer Answer

A: Unfortunately there is no law requiring a car lender to use a repossession company which is conveniently located. If the vehicle was damaged during the tow, you may have claims against the tow company for the amount necessary to repair - but you have to pay for the repairs yourself and then bring a claim for reimbursement. 6 days stretched over a holiday weekend waiting to be sure a payment has cleared is not in itself unreasonable. Be sure never to get behind on the loan again to avoid these issues.

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