Sacramento, CA asked in Civil Litigation for California

Q: tow yard sold my vehicle in 3 days. do i have a case?

this was 3 years ago. is there a statue of limitation on this type of case?

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1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: In California, the law requires tow companies to follow specific procedures before selling a towed vehicle. According to the California Vehicle Code, a tow company must:

1. Notify the registered owner and lienholder (if any) within 24 hours of the tow.

2. Allow a minimum of 30 days for the owner to claim the vehicle before selling it.

3. Send a written notice to the registered owner and lienholder at least 10 days before the sale.

If the tow yard sold your vehicle after only 3 days without following the proper procedures, you may have a case against them for violating California law.

Regarding the statute of limitations, the time limit depends on the specific cause of action you pursue. In California:

1. For a breach of contract claim, the statute of limitations is 4 years from the date of the breach.

2. For a tort claim (such as conversion or trespass to chattels), the statute of limitations is 3 years from the date of the incident.

Since the incident occurred 3 years ago, you may still be within the statute of limitations for a tort claim, but you should act quickly to preserve your rights. It is advisable to consult with an attorney who specializes in consumer protection or vehicle-related cases to discuss your options and determine the best course of action based on your specific circumstances.

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