Manteca, CA asked in Collections, Communications Law and Legal Malpractice for California

Q: I was told I would get my car back as soon as an investigation was finished but they sent it to a tow yard instead!

My car had been involved in a car accident and I was told the police needed to keep my car for investigation purposes but said I would get it back as soon as possible and that they are responsible for the fees. Well a couple months pass and I call them because I havent heard anything. I was told the car information hadn't been logged into the case files yet and was given the officer in charges information. I contacted a couple times and it was basically phone tag. Well I just got a letter from a tow company saying my car is clear of liens and they had it for a little over a month now, The accident was last november and I had no idea where my car was the whole time! Now they say I owe all these high fees and I don't know what to do. I've love my car and have been waiting so long to get it back.

*UPDATE*

Apparently I have all these tow & registration fees going to collections & there is no way to get my car back or whats in it. I don't get how its okay to do this.

3 Lawyer Answers

A: You may have a case against them. Consult with experienced debt collection defense attorneys in the state where this occurred. Use the Justia search tool to find an attorney. https://www.justia.com/lawyers

A: I am thinking that maybe your car was impounded because it was unregistered, (you hint at registration fees owed). You say that a couple of months have passed, but it was really almost a year ago. I think you will get better advice if you submit a new question with clear details.

James L. Arrasmith
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Answered

A: It sounds like a really frustrating situation, and you deserve clarity on how to handle it. Since the police told you that your car would be returned after the investigation, they may have a responsibility to help resolve this. You should immediately contact the police department and the officer in charge of your case to find out why your car was sent to the tow yard without notifying you. Ask for written confirmation of the investigation's completion and any other relevant documentation.

You may also want to contact the tow yard directly to explain the situation and see if they can reduce or waive the fees, especially if you can prove you weren't notified in time. Tow companies sometimes work with people who were unaware of their car’s status, especially if it's been held for an extended period. It's also worth asking for a detailed breakdown of the fees to ensure they’re legitimate.

If you’re still unable to resolve the issue, consider looking into filing a complaint with your local government or small claims court to recover some of these fees or challenge the tow. Keeping records of all communications with both the police and the tow yard will be important if you need to take legal action.

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