San Jose, CA asked in Real Estate Law, Traffic Tickets and Collections for California

Q: A tow company has my vehicle and will have a lien place on it if I do not pay the fee. Will a lien be put on my home?

If I do nothing and do not pay the fee to remove my vehicle from this lot, can the towing company place a lien on my property?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: No, a towing company cannot directly place a lien on your home. If you don’t pay the fee for your vehicle, the company has the right to keep your car until payment is made or potentially sell it to recover their costs, but this action doesn't extend to your other property like your home.

If you continue to ignore the towing fees, they could pursue legal action to recover the amount owed. This could result in a court judgment against you, and only then might other assets, including your home, be at risk if the company takes further legal steps like seeking a lien or garnishment.

It's important to understand your rights and the timeline you're working with, as legal actions can take time. Handling the situation sooner could prevent it from escalating further.

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